Types of Discrimination

Workplace discrimination happens when someone is treated unfairly because of a protected characteristic under the Equality Act 2010. Employers must prevent direct, indirect, harassment, victimisation and other forms of discrimination by setting clear policies, training managers and responding quickly to concerns.

You have a responsibility to make sure your staff feel safe and comfortable in the workplace.That means more than just health & safety. You also need to protect them from bullying, harassment, and discrimination. Discrimination creates a hostile work environment, impacts employee wellbeing, and increases absenteeism.

What’s more, if you don’t take steps to stop it, you can be taken to an employment tribunal. There’s no cap on the amount of compensation that can be awarded in discrimination cases, meaning you can’t ignore the issues.

There are many different types of discrimination; we’ve detailed them all in this article to help you recognise them and stop them occurring in your workplace.

Types of discrimination in the workplace

The Equality Act 2010 explains that discrimination is unfair treatment of someone with one of the nine protected characteristics:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

Discrimination against these characteristics can occur in many ways. And you must protect your staff from them all.

Direct discrimination

Direct discrimination is when someone is treated unfairly because of a protected characteristic.

Because of the nine protected characteristics, direct discrimination can come in many different shapes.

For example, refusing to hire a woman for a role would be sex discrimination, and bullying an employee because of their nationality would be racial discrimination. But both would fall under the umbrella of direct discrimination.

Indirect discrimination

Indirect discrimination is where managers decisions or company policies negatively impact a group of people with a protected characteristic.

This could be where an employer tries to enforce a new dress code. Strict dress codes are more likely to affect people with religious beliefs.

Direct and indirect discrimination are easily confused. The distinction between the two is that direct discrimination is the act of an employer or employee discriminating against an individual. Whereas indirect discrimination is where a decision impacts a group of people because of a shared protected characteristic.

Cases of indirect discrimination must be able to prove that the policy can’t be objectively justified. This means that employers can make rules that might be seen as discriminatory if they can show a justification, such as health & safety.

Harassment

Harassment is unwanted conduct related to a protected characteristic. It has the purpose or effect of either:

Violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The unwanted conduct doesn’t need to be intentional for it to be deemed harassment in the eyes of the law. Offensive jokes or workplace gossip can be seen as harassment.

If an individual believes someone’s actions meet any of the above criteria, they can seek to bring a claim.

Victimisation

An employee can also receive unfair treatment for making a discrimination claim.

Victimisation is where someone is treated unfairly because they have made a discrimination claim or complained about harassment.

Employees are also safeguarded from being treated unfairly if someone believes they have done, or may do a protected act.

Discrimination arising from disability

The Equality Act protects those with disabilities from the four types of discrimination listed above. But there’s also prohibited conduct specific to prevent disability discrimination.

Discrimination arising from disability is when someone is treated unfairly because of a consequence of their disability, rather than the disability itself.

For example, the need for regular rest breaks or needing reasonable adjustments made to their workstation.

Although these needs are caused by the person’s disability, this wouldn’t be classed as direct discrimination.

These are the main forms of discrimination, but there’s also ways that an individual can be discriminated against despite not meeting any of the protected characteristics.

Discrimination by perception

Discrimination by perception is when someone is treated unfavourably because others believe they possess a protected characteristic - even if they don’t.

This can be refusing to hire someone because you assume they’re Muslim due to their name, or bullying someone because you wrongly assume their sexuality.

Anyone can be subjected to perception discrimination. And anyone can make a discrimination claim even if they don’t possess a protected characteristic.

Associative discrimination

Associative discrimination is a form of direct discrimination. It refers to discrimination based on someone’s association with another person possessing a protected characteristic.

There are many situations where discrimination by association can occur. For example, a parent of a child with a disability might be treated less favourably because of perceived care responsibilities.

Positive discrimination

Positive discrimination is when you recruit a person because they have a relevant protected characteristic rather than because they’re the best candidate.

There are limited circumstances where it’s lawful to require a job applicant or worker to have a particular protected characteristic, for example, where an occupational requirement applies.

Equality and Human Rights Commission guidance gives the example of a women’s refuge requiring all members of staff to be women.

However, positive action is legal.

Positive action is where you take steps to improve equality in the workplace. For example, placing job adverts to target particular groups or offering training to people with particular needs.

The difference between positive action and positive discrimination is that positive discrimination would place an under-qualified person in a role because of protected characteristics. Whereas positive action seeks to find qualified people from underrepresented groups.

Employer responsibilities: what organisations must do to prevent discrimination

Employers have a legal duty under the Equality Act 2010 to prevent discrimination and protect staff from unfair treatment. The steps below outline what organisations must do to stay compliant, reduce risk and create a safe, inclusive workplace.

Create clear, compliant policies

Equality and diversity policy Set out your organisation’s commitment to fair treatment, protected characteristics and zero tolerance for discrimination.

Anti‑harassment and bullying policy Define unacceptable behaviour, reporting routes and consequences.

Reasonable adjustments process Ensure disabled employees can access support quickly and consistently.

Train managers to recognise and prevent discrimination

Manager training Equip managers to spot early signs of discrimination, handle concerns sensitively and apply policies consistently.

Legal awareness Ensure managers understand protected characteristics, direct vs indirect discrimination and their responsibilities under the Equality Act 2010.

Inclusive leadership skills Build confidence in having wellbeing conversations and addressing inappropriate behaviour.

Carry out regular risk assessments

Workplace culture assessment Identify hotspots such as workload pressure, poor communication or team conflict.

Stress risk assessments Evaluate whether working conditions could lead to discriminatory outcomes.

Data monitoring Track grievances, turnover, absence and recruitment patterns for signs of inequality.

Provide safe, confidential reporting routes

Clear reporting procedures Make it easy for employees to raise concerns without fear of retaliation.

Multiple reporting channels Offer HR, line manager, anonymous and third‑party options.

Timely investigation process Ensure all complaints are handled fairly, consistently and in line with policy.

Take prompt, fair action when discrimination occurs

Early intervention Address issues quickly to prevent escalation.

Formal investigation Follow a structured process, gather evidence and maintain confidentiality.

Outcome and follow‑up Communicate decisions, implement actions and check in with affected employees.

Make reasonable adjustments where required

Workplace adjustments Adapt duties, hours or equipment to support disabled employees.

Return‑to‑work support Provide phased returns and tailored plans after absence.

Ongoing review Ensure adjustments remain effective over time.

Promote an inclusive, respectful culture

Zero‑tolerance messaging Reinforce expectations through onboarding, team meetings and internal communications.

Employee voice Encourage feedback, surveys and open conversations about inclusion.

Positive role modelling Leaders should demonstrate inclusive behaviour and challenge inappropriate conduct.

Provide access to support services

Employee Assistance Programme An EAP offers confidential counselling and guidance for employees affected by discrimination.

Manager advice line Give managers expert support when handling sensitive cases.

Wellbeing resources Provide toolkits, training and guidance to strengthen organisational resilience.

Get help from HA | Wisdom Wellbeing with discrimination

It’s your responsibility to protect your employees’ wellbeing at work. If you don’t, you could face legal consequences, have to pay heavy fines and see good employees leave.

Providing confidential whistleblowing support will allow your staff to raise concerns and get the support they need to tackle difficult situations at work. Our Helpline is available 24 hours a day, 365 days a year; with multi-lingual support and fully trained counsellors ready to help.

Related article: SpeakUp – Harassment and Whistleblowing support line

Want to find out more? Book a free consultation with one of our wellbeing consultants. Call 0844 891 0353 for help on promoting health and wellbeing at work.

FAQs

What are the main types of discrimination under the Equality Act 2010?

The Equality Act 2010 protects employees from direct discrimination, indirect discrimination, harassment, victimisation, discrimination by association, discrimination by perception and disability‑related discrimination. Employers must take steps to prevent all forms of unfair treatment in the workplace.

What is the difference between direct and indirect discrimination?

Direct discrimination is when someone is treated less favourably because of a protected characteristic. Indirect discrimination happens when a policy or practice applies to everyone but disadvantages a particular group. Employers must review policies to ensure they do not create unequal outcomes.

What are protected characteristics?

Protected characteristics include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These characteristics are legally safeguarded, and employers must ensure staff are not treated unfairly because of them.

How should employers respond to a discrimination complaint?

Employers should act quickly, follow a clear reporting and investigation process, maintain confidentiality and ensure the employee feels supported. A fair, timely investigation helps reduce risk and demonstrates compliance with the Equality Act 2010.

What counts as harassment at work?

Harassment is unwanted conduct related to a protected characteristic that violates someone’s dignity or creates an intimidating, hostile or offensive environment. Employers must set clear standards of behaviour and intervene early when concerns arise.

Do employers need to make reasonable adjustments?

Yes. Employers have a legal duty to make reasonable adjustments for disabled employees. This may include changes to working hours, equipment, duties or the physical environment to remove barriers and support equal access to work.

How can organisations prevent discrimination in the workplace?

Prevention requires strong policies, manager training, inclusive leadership, regular risk assessments, clear reporting routes and prompt action when issues arise. Creating a respectful culture helps reduce risk and supports employee wellbeing.