What's the law?

Exploring the legal framework

Employer responsibilities

Employers need to make sure their policies are in line with the Equality Act and that they’re creating an environment where discrimination is not tolerated.

Have fair policies

Particularly around promotions and recruitment. Disciplinary processes must also be inclusive and unbiased.

Ensure equal pay

The law requires equal pay for equal work, regardless of gender.

Make reasonable adjustments

Supporting employees with disabilities is a legal obligation.

Prevent harassment

Employers can be held responsible for the actions of their staff if they fail to act on discrimination.

Tribunal claims

Failure to comply can lead to employment tribunal claims, financial penalties, and reputational damage.
Discrimination cases are among the most expensive tribunal claims, with uncapped compensation in certain cases, such as harassment and victimisation.

Upcoming protections and provisions

Discrimination laws are forever evolving, with recent and upcoming changes including:

Menstrual health protections

The definition of gender-related issues in the workplace is expanding.

Extended tribunal time limits

Employees may soon have six months to bring a claim instead of three.

Stronger harassment protections

Employers are expected to take proactive steps to prevent workplace harassment.

Vento bands

Middle band

For more serious cases, where the discrimination is ongoing or affects the person more deeply. Compensation ranges from £9,100 to £27,400.

Lower band

For less serious cases, such as a single incident. Compensation can range from £1,000 to £9,100.

Upper band

For the most serious cases, where the discrimination is significant or has a huge impact on the person’s life. Compensation can be from £27,400 to £45,600 or more.

Why they're important

Meant to help the person recover from the emotional impact of discrimination.
Sends a strong message to employers about the importance of getting things right.

What are Vento bands?

Used to guide Employment Tribunals when they decide how much compensation to award for ‘injury to feelings’ in discrimination cases.
This is the emotional impact someone experiences due to being discriminated against.

Tribunal awards

There is no limit on compensation that can be awarded in any discrimination claim.

In 2023/2024, Employment Tribunals in the UK awarded compensation in various discrimination cases. Here's a summary of the average, median, and maximum awards for each type of discrimination.

These figures provide a general overview of compensation trends in discrimination cases.
However, each case is unique, and awards can vary based on specific circumstances and details.

Claim type	Maximum award	Median award	Average award
Race discrimination	£431,768	£10,253	£29,532
Sex discrimination	£995,128	£16,161	£53,403
Disability discrimination	£964,465	£17,218	£44,483
Religion and belief discrimination	£20,000	£8,500	£10,750
Age discrimination	£261,949	£86,349	£102,891
Sexual orientation discrimination	£47,297	£26,693	£27,070

Can discrimination be lawful?

There are certain situations where discrimination can be justified by law:

Discrimination can be justified if the organisation can show that the policy/requirement it’s trying to implement applies equally to all.
Another situation where it might be lawful to discriminate is where the organisation is trying to preserve its authenticity or dignity.
Care must be taken here though, because it’s very rare that this type of requirement would be justified.