Discrimination at Work: Your Rights and What You Can Claim

Discrimination in the workplace remains a significant concern for employees across the UK. While much progress has been made, unlawful treatment based on protected characteristics continues to affect individuals at all levels of employment. If you have experienced discrimination at work, you may have a legal claim under the Equality Act 2010 and could be entitled to compensation—including damages for injury to feelings, assessed using the Vento bands.

What Is Workplace Discrimination?

Workplace discrimination occurs when an employee or job applicant is treated unfairly because of a protected characteristic, such as:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

The Equality Act 2010 prohibits various forms of discriminatory conduct, including:

• Direct discrimination – treating someone less favourably because of a protected characteristic.

• Indirect discrimination – applying a policy or rule that disadvantages people with a protected characteristic.

• Harassment – unwanted conduct related to a protected characteristic that creates a hostile or offensive environment.

• Victimisation – subjecting someone to a detriment because they made or supported a complaint of discrimination.

What Should You Do If You Experience Discrimination?

If you believe you have been discriminated against, you should take the following steps:

1. Keep a detailed record of the incident(s), including dates, individuals involved, and any witnesses.

2. Raise a grievance with your employer, following the internal grievance procedure.

3. Seek legal advice to understand your rights and potential remedies.

4. Engage in Acas Early Conciliation, which is a mandatory step before lodging a claim with the Employment Tribunal.

5. Submit an ET1 claim form within the relevant time limit (usually three months minus one day from the last discriminatory act).

Compensation for Discrimination: Injury to Feelings and the Vento Bands

If the Employment Tribunal finds that you have been unlawfully discriminated against, it may award compensation. This can include:

• Financial losses, such as lost earnings or pension rights

• Aggravated damages, in exceptional cases

• Injury to feelings, which is awarded based on the severity of the harm suffered

The Vento Bands Explained

Injury to feelings is assessed using guidelines known as the Vento bands, established by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police (No. 2) [2003] IRLR 102. These bands are updated annually by the Presidents of the Employment Tribunals.

As of April 2024, the Vento bands are:

• Lower band (£1,200 to £11,700): appropriate for less serious cases, such as a one-off incident or isolated remarks.

• Middle band (£11,700 to £35,200): for serious cases that do not merit the upper band, often involving repeated or sustained discriminatory behaviour.

• Upper band (£35,200 to £58,700): for the most serious cases, such as lengthy campaigns of harassment or discrimination.

• Exceptional cases may exceed £58,700 where the impact is particularly severe.

The Tribunal will consider factors such as the nature of the discrimination, the degree of distress caused, and whether the employer acted maliciously or with disregard for the employee’s rights.

Key Takeaways

• Discrimination at work is unlawful and can result in substantial compensation.

• The Equality Act 2010 protects individuals against direct and indirect discrimination, harassment, and victimisation.

• If successful, you may be awarded compensation for injury to feelings assessed in accordance with the Vento bands.

• Strict time limits apply, and early legal advice is strongly recommended.

If you believe you have been subjected to discrimination, contact a qualified employment lawyer for tailored advice and representation in bringing a claim before the Employment Tribunal.