Employment discrimination isn’t new — and neither are the headlines. Cases involving pregnancy, race, disability, and age are often the most visible, drawing attention to workplace inequalities that should, by now, be relics of the past. Yet behind every well-publicised tribunal lies a broader truth: discrimination takes many forms, and not all of them make the front page.
From stereotypes about accents to assumptions about health, religion, or even political beliefs, the workplace can become a minefield of implicit bias and institutional blind spots. Some employees are dismissed not because of who they are, but because of who they’re perceived to be. Others are undermined through policies that seem neutral but disproportionately disadvantage those with protected characteristics – the subtleties often go unnoticed until it’s too late.
This blog will shine a light on both the obvious and the overlooked – from high-profile tribunal outcomes to quiet injustices that never make headlines. Because understanding discrimination isn’t just about ticking legal boxes – it’s about recognising patterns of unfairness, calling out systemic flaws, and pushing for workplaces that treat people fairly, regardless of who they are or how they show up.
What is discrimination?
According to the Oxford English Dictionary, discrimination is defined primarily as:
The unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, sex, disability, or other protected characteristics.
It also includes broader meaning such as:
The ability to recognise or understand the difference between things (e.g. discrimination between right and wrong).
OR
The ability to judge what is of high quality or value – often used in a more refined or approving sense (e.g. she chose the colours with great discrimination).
This duality – between unfair treatment and discernment makes the term especially powerful in legal and social contexts.
Let’s look at the well-known, headline grabbing examples of discrimination
Pregnancy and Maternity Leave
Pregnancy and maternity are protected characteristics under the Equality Act 2010, yet discrimination in these areas remains alarmingly common. From unfair dismissal to subtle policy-based disadvantages, the impact on women navigating pregnancy and work can be profound, legally, professionally, and emotionally.
What Counts as Maternity Discrimination?
Maternity discrimination occurs when an employer treats an employee unfavourably because she is:
- Pregnant
- Taking maternity leave
- Returning from maternity leave
- Planning to take maternity leave
This is a form of sex discrimination under the Equality Act 2010. Discrimination can be:
- Direct: Treating someone less favourably because of pregnancy or maternity leave.
- Indirect: Applying a policy or practice that disproportionately disadvantages pregnant employees or new mothers — even if unintentionally.
Real-World Examples
- Failure to Promote: A woman on maternity leave is passed over for promotion in favour of her temporary cover.
- Unfair Dismissal: An employee is dismissed shortly after disclosing her pregnancy.
- Return-to-Work Barriers: An employer reneges on a previously agreed phased return.
- Constructive Dismissal: A demotion or hostile environment forces a pregnant employee to resign.
Case Spotlight: Ms N Hinds v Mitie Ltd (2024)
This landmark case illustrates the emotional and financial toll of pregnancy discrimination. Ms Hinds, a pregnant account manager, was constructively dismissed and subjected to discriminatory treatment — including exclusion from meetings, failure to conduct risk assessments, and being labelled “emotional and tearful” by her manager.
Initially awarded £35,000, her compensation was later increased to over £350,000, reflecting the severity of the discrimination and its impact. The tribunal found that Mitie’s actions violated Section 18 of the Equality Act 2010, and that the stereotyping of Ms Hinds as “hormonal” was dismissive and belittling.
Why This Matters
This case is a stark reminder that:
- Employers must handle pregnancy-related concerns with sensitivity and legal awareness.
- Stereotyping pregnant employees — even subtly — can constitute unlawful discrimination.
- Tribunal awards can be substantial, especially when emotional harm and reputational damage are involved.
Race and Ethnicity
Race and ethnicity discrimination in the UK is defined under the Equality Act 2010, which protects individuals from unfair treatment based on an individual’s Colour (e.g. skin tone), Nationality (e.g. British, Nigerian, etc), Ethnic origin (e.g. Jewish, Romany Gypsy) or National origin (e.g. Chinese national origin with British nationality). There are four types of Race Discrimination, namely: Direct Discrimination, Indirect Discrimination, Harassment or Victimisation. However, there are also some other forms of discrimination which should not be overlooked and these are: Perceived Discrimination, Discrimination by Association or Occupational requirements.
Case spotlight: James & Saine v London & Quadrant Housing Trust (2024)
This recent case is particularly powerful for illustrating how coded language and informal processes can mask bias. It reinforces the importance of objective criteria in the recruitment and promotion. The tribunal upheld the claims of race discrimination and awarded a combined £95,000 in compensation.
The key issues of the case were
Both mixed-race employees were overlooked for promotion
The hiring manager relied on subjective “gut feelings” and failed to record interview responses.
The tribunal found an “inexplicable inconsistency” in how internal candidates were assessed.
One notable quote being “Basing recruitment decisions on subjective views… increases the risk of stereotypes and unconscious bias.”
The lesser-known, back page examples of discrimination
They may not be the headline grabbing examples of discrimination but they are just as important and should be recognised accordingly.
Accent Discrimination
This form of discrimination is where an individual is treated unfairly, judged, or excluded because of way they speak – particularly their accent, which often reflects their regional, ethnic or social background.
Accent discrimination can show up in hiring decisions – candidates with regional or ethnic accents may be seen as “less professional”; promotion barriers – employees may be told they’re not “leadership material”; mockery or exclusion, being mimicked, interrupted or told they’re “hard to understand”; or; performance reviews – feedback framed around “communication style” that masks bias.
Whilst accent discrimination is not in itself a protected characteristic under the Equality Act 2010, if the accent is tied to race, ethnic original or national origin, then discrimination may fall under race discrimination. It is often overlooked as people may not realise they’re making assumptions and many cases settle before tribunal or never get reported due to fear of reputational damage.
Case spotlight: Carozzi v University of Hertfordshire (2024)
The background to this case is that of a Brazilian national of Jewish ethnic origin, resigned during probation and brought claims of race-related harassment and victimisation. The key issue was her line manager made repeated comments about her “strong accent” and difficulty being understood. Whilst the case was initially dismissed, the Employment Appeal Tribunal (EAT) overturned this ruling stating that accents can be part of ethnic identity and comments about it may constitute harassment related to race, even without discriminatory intent. This case matters because it broadened the interpretation of harassment under the Equality Act 2010 and shows that unconscious bias and coded feedback (e.g. “hard to understand”), can violate dignity and create a hostile environment.
Dismissal Based on Family Origin
Whilst there’s no high-profile cases solely on dismissal due to family origin, cases are emerging. The Equality Act 2010 provides protection against discrimination based on ethnic origin, national origin or perceived/associated race.
Tribunals have upheld claims where comments about “not being British enough” or “foreign-sounding names” influenced dismissal decisions, or, employers used coded language like “cultural fit” or “client-facing concerns” to justify exclusion.
Let’s Look Closer — And Act Fairer
Discrimination in the workplace isn’t always loud or obvious. Sometimes, it’s hidden in policies, perceptions, or passing comments. But every instance, whether headline-worthy or quietly endured deserves attention.
Take time to:
- Pause and reflect on how bias might be showing up in your workplace.
- Review your policies for unintended barriers.
- Speak up when you witness unfairness — even if it’s subtle.
- Champion inclusion not just in principle, but in practice.
Fairness at work isn’t a legal checkbox, it’s a daily commitment.
If you’re an employer navigating these challenges firsthand, contact HR team at The Visa Office where together we can build workplaces that ensure everyone is seen, heard and valued for who they truly are.
