How are employees protected from dismissal because of an act of discrimination?

An employee will have a claim for direct discrimination under the Equality Act 2010, if their dismissal constitutes less favourable treatment because of a protected characteristic, ie age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.

Dismissal can also give rise to indirect discrimination (except in relation to the protected characteristic of pregnancy and maternity to which the indirect discrimination provisions do not apply) if the employer applies a provision, criterion or practice that results in the dismissal of someone with a protected characteristic and the employer cannot show the application of the provision, criterion or practice to be a proportionate means of achieving a legitimate aim.

If an employee is dismissed for making a complaint of discrimination, or doing another protected act under the Equality Act 2010, they will have a claim for victimisation.