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EMPLOYER INFORMATION

DISCRIMINATION AND HARASSMENT

Employers must not treat employees less favourably because of the following protected characteristics:

• age

• disability

• gender reassignment

• marital or civil partnership status

• pregnancy and maternity

• race / nationality / ethnic origin

• religion or belief

• sex

• sexual orientation

These protections apply throughout the entire employment relationship, including recruitment, day‑to‑day management and dismissal.

1. Legal framework – Equality Act 2010

Under the Equality Act 2010, an employee must show:

a) they were treated less favourably, and

b) the treatment was because of a protected characteristic.

It is not enough for an employee to show unfair treatment — they must prove the reason for that treatment.

2. Harassment

Harassment occurs when behaviour:

• violates an employee’s dignity, or

• creates an intimidating, hostile, degrading or offensive environment,

and is connected to a protected characteristic.

This can include:

• comments, jokes or remarks,

• unwanted physical contact,

• exclusion from team activities,

• offensive messages or emails.

Employers are liable for the actions of their staff, even if unaware of the behaviour.

3. Examples of discrimination

• refusing promotion because of age,

• criticising an employee for taking maternity leave,

• failing to consider reasonable adjustments for a disabled employee,

• comments about nationality or accent,

• excluding someone from training because of their sex.

4. Employer responsibilities

Employers must:

• prevent discrimination and harassment,

• respond promptly to complaints,

• conduct fair and confidential investigations,

• train managers and staff,

• implement anti‑discrimination policies.

Failure to act increases legal and reputational risk.

5. Why discrimination claims must never be ignored

Discrimination claims can lead to:

• uncapped compensation,

• awards for financial and emotional loss,

• legal costs,

• damage to workplace culture and reputation.

Every allegation must be taken seriously and addressed without delay.

6. How I help employers

• drafting anti‑discrimination policies and delivering training,

• advising on complaints and investigations,

• supporting risk management and compliance,

• representing employers in ACAS and Tribunal proceedings.

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Marta Inkin (MCILEX)
UK Employment Law Consultant
Solidum Solicitors,
316 Northolt Rd,
South Harrow,
Harrow HA2 8EE
Website: martainkin.co.uk
Telephone: 0207 036 1900

Solicitors Regulation Authority. SRA number: 634883

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