A worker, job applicant or (in some cases) an ex-employee can bring a claim to an employment tribunal for unlawful discrimination if they think this has occurred. The claim must normally be brought within three months of the alleged act of discrimination.

To succeed in the complaint, the claimant must show facts based on which a tribunal could infer or conclude that discrimination has occurred because of the specified protected characteristic. If there are such facts, and if the employer does not provide a satisfactory explanation, for example by showing that there was a non-discriminatory reason for their actions or omissions, then the tribunal will uphold the complaint.

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