Bringing a Discrimination Claim
How to bring a claim of discrimination, harassment, or victimisation under the Equality Act 2010.
Overview
If you have been discriminated against because of a protected characteristic (age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation), you can bring a legal claim. Employment discrimination claims go to the Employment Tribunal. Discrimination in services, education, or housing goes to the County Court. The Equality and Human Rights Commission (EHRC) can also take action.
Who Can Use This Process
- You have been treated less favourably because of a protected characteristic (direct discrimination)
- A policy or practice puts people sharing your characteristic at a disadvantage (indirect discrimination)
- You have experienced harassment related to a protected characteristic
- You have been victimised for making or supporting a discrimination complaint
Step-by-Step Process
Identify the type of discrimination
Determine whether your claim is direct discrimination, indirect discrimination, harassment, victimisation, or a failure to make reasonable adjustments (disability). This affects how you frame your claim and what you need to prove.
- Direct discrimination: treated worse because of a characteristic
- Indirect discrimination: a rule/policy disadvantages your group
- Reasonable adjustments: employer/service provider fails to adjust for disability
Contact ACAS for early conciliation (employment)
For employment discrimination, you must contact ACAS for early conciliation before you can bring a tribunal claim. ACAS will try to resolve the dispute. This is mandatory and extends your time limit.
- Contact ACAS within 3 months less one day of the act complained of
- Early conciliation pauses the clock for up to 6 weeks
Submit your claim
For employment: file an ET1 form at the Employment Tribunal. For services/housing: issue a claim in the County Court. Set out the facts, identify the protected characteristic, and specify the type of discrimination.
- Tribunal claims are free
- County Court claims cost £308–£10,000 depending on value
Prepare your evidence
Gather documentary evidence, identify witnesses, and prepare a witness statement. In discrimination cases, the burden of proof shifts: once you establish facts from which discrimination could be inferred, the respondent must prove a non-discriminatory explanation.
- Keep a diary of incidents
- Statistical evidence can be powerful for indirect discrimination claims (Essop v Home Office)
Attend the hearing
Present your case to the tribunal or court. You can represent yourself or be represented by a solicitor, barrister, or trade union representative. Remedies include compensation (uncapped for discrimination), a declaration, and recommendations.
- Injury to feelings awards: lower band £1,000–£11,200; middle band £11,200–£33,700; upper band £33,700–£56,200 (Vento guidelines)
- No cap on compensation for discrimination claims
Costs
Important Warnings
Strict time limits: 3 months less 1 day for employment claims; 6 months for services/housing. Late claims are rarely accepted.
Contact ACAS before issuing an employment tribunal claim — this is mandatory.
Discrimination claims can be emotionally challenging. Support is available from the EHRC and specialist organisations.