You have the right not be discriminated against under the Equality Act for reasons relating to age, gender reassignment, disability, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation. This also includes indirect discrimination, harassment and victimisation.
The time limit for discrimination claims is 3 months, less one day, of the date of the last act of discrimination taking place.
Discrimination in some cases is an ongoing act. However, it is down to you as the employee to provide the evidence of ongoing discrimination. Examples of continuing acts of discrimination include:
- Where you have suffered racial harassment throughout your employment by several colleagues who continually make racist jokes. You may have complained on many occasions, but the situation is still continuing. You want to bring a discrimination claim against your employer. In this situation, you may be able to show that the discrimination is continuing in that all the incidents are linked to each other, including a failure to act by your employer. The employment tribunal would look at whether there is evidence of an ongoing situation by looking at whether the behaviour complained of is of a similar nature.
- The refusal by your employer to properly address or accept a complaint of discrimination via a grievance or appeal that you have lodged may constitute a continuing act. It is important that your employer’s conduct during this process is carefully scrutinised.
In circumstances such as these the time limit for bringing a claim will continue to run.
Before you can issue an employment tribunal claim however, it is a prerequisite that the claim is registered with the ACAS early conciliation scheme. The time limit for this is the same as the employment tribunal claim limit state above.
There is no 2 year qualifying period for discrimination claims.