Discrimination claims remain one of the most serious areas of employment tribunal risk for UK employers. Unlike unfair dismissal, compensation is uncapped. A successful claim can easily reach six figures and in cases involving injury to feelings within the higher Vento bands, awards can be significantly higher. With the With the Employment Rights Act 2025 […]
Discrimination claims remain one of the most serious areas of employment tribunal risk for UK employers.
Unlike unfair dismissal, compensation is uncapped. A successful claim can easily reach six figures and in cases involving injury to feelings within the higher Vento bands, awards can be significantly higher.
With the With the Employment Rights Act 2025 strengthening whistleblowing protections for sexual harassment from April 2026, this is an area where employers cannot afford complacency.
Under the Equality Act 2010, it is unlawful to discriminate against workers because of any of the following protected characteristics:
Redundancy selection
Poorly designed selection criteria that indirectly disadvantage protected groups are one of the most common sources of discrimination claims.
Criteria that disadvantage part-time workers (who are more likely to be women), or that fail to account for disability-related absence, present particular risk. Criteria must be objective, consistently applied, and capable of justification
Dismissal during or after pregnancy or maternity leave
Employees who are pregnant or on maternity leave benefit from enhanced protection.
Dismissal during maternity leave requires exceptional justification. In a redundancy situation, the employer must offer any suitable alternative vacancy to a woman on maternity leave before offering it to anyone else.
Any dismissal connected to pregnancy or related absence is high risk.
Failure to make reasonable adjustments for disabled workers
Where a worker has a disability within the meaning of the Equality Act, employers are under a duty to make reasonable adjustments.
The most common failure is not exploring adjustments seriously and in good faith before concluding that a worker cannot fulfil their role.
Adjustments may include phased return to work, changes to working hours, reallocation of tasks, or provision of equipment.
Inconsistent management decisions
Inconsistency is one of the clearest indicators of discrimination to an Employment Tribunal.
If employees are treated differently in comparable situations and a protected characteristic distinguishes them, that disparity will require a clear and evidenced justification.
Harassment and the duty to prevent
Employers are vicariously liable for harassment by their employees in the course of employment.
From October 2026, the standard rises: employers will need to show they took all reasonable steps to prevent sexual harassment, including from third parties such as customers and clients.
Whistleblowing and the new April 2026 protections
From 6 April 2026, sexual harassment is a qualifying disclosure under whistleblowing legislation.
An employee who reports sexual harassment is a protected whistleblower. If that employee then suffers any detriment, the employer faces both a discrimination claim and a whistleblowing detriment claim.
There is no qualifying period for either, and compensation is uncapped.
At Davenport Solicitors, we advise employers on discrimination claims, equality policies, and employment tribunal representation. We offer employment law training for employers and managers, employment law audits, and practical guidance when a claim or complaint arises. Call us on 020 7903 6888 or email contact@davenportsolicitors.com
Disclaimer
The material contained on this website contains general information only and does not constitute legal or other professional advice and should not be relied upon as such. While every care has been taken in the preparation of the information on this site, readers are advised to seek specific advice in relation to any decision or course of action.
