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The short version
The Equality Act 2010 makes it unlawful to discriminate against anyone at work because of who they are. That applies on construction sites exactly the same as it applies in an office. There are nine protected characteristics -- race, age, disability, sex, gender reassignment, sexual orientation, religion or belief, pregnancy and maternity, and marriage/civil partnership. If someone is treated worse because of any of these, that's discrimination. If "banter" targets someone because of a protected characteristic, that's harassment. And from October 2026, employers will be directly liable for harassment by third parties -- including other contractors on site -- if they haven't taken all reasonable steps to prevent it.
Why this matters in construction
Construction is the least diverse major industry in the UK.
- Women make up about 15% of the workforce. On site, it drops to roughly 2%
- Ethnic minority workers make up around 5--6% -- against a UK working population average of nearly 14%
- Disabled workers make up around 6% of the workforce
- 60% of LGBTQ+ construction workers report experiencing homophobic or derogatory language at work
- The workforce is ageing -- the peak age bracket is 50--64, meaning over 500,000 UK-born workers will leave the industry within 10--15 years
This isn't just a diversity problem. It's a legal exposure problem. The culture on many sites -- the "banter," the assumptions, the casual comments -- routinely crosses the line into unlawful harassment and discrimination. The fact that "it's always been like this" is not a defence. It never has been.
The nine protected characteristics
| Characteristic | What it covers |
|---|---|
| Age | Any age group -- young or old. Includes assumptions about capability based on age |
| Disability | Physical or mental impairment that has a substantial and long-term adverse effect on ability to carry out normal day-to-day activities. Includes mental health conditions, chronic pain, musculoskeletal conditions |
| Gender reassignment | Anyone who is proposing to undergo, is undergoing, or has undergone a process to reassign their sex. No requirement for medical treatment |
| Marriage and civil partnership | Protection from discrimination in employment only |
| Pregnancy and maternity | See guide 3.12. Covered here for completeness |
| Race | Colour, nationality, ethnic or national origins. Includes Traveller/Roma communities |
| Religion or belief | Any religion, religious belief, or philosophical belief -- including lack of religion or belief |
| Sex | Male or female |
| Sexual orientation | Heterosexual, gay, lesbian, bisexual |
Types of discrimination
The Equality Act recognises several distinct types:
1. Direct discrimination
Treating someone less favourably because of a protected characteristic.
| Construction example |
|---|
| Not hiring someone because of their accent or ethnicity |
| Giving a younger worker the overtime instead of the older operative "because he's slowing down" |
| Refusing to put a woman on a site team because "the lads won't like it" |
| Not promoting someone because they're openly gay |
No qualifying period needed to bring a claim. No cap on compensation.
2. Indirect discrimination
A policy, practice, or rule that applies to everyone equally but puts people with a particular protected characteristic at a disadvantage -- and can't be objectively justified.
| Construction example |
|---|
| Requiring all workers to be clean-shaven (disadvantages Sikh workers who wear beards for religious reasons) -- unless objectively justified by, e.g., RPE fit-testing requirements |
| A blanket "no part-time" policy on site (disproportionately affects women with childcare responsibilities) |
| Requiring a UK driving licence as a condition of employment when the role doesn't require driving (may disadvantage certain nationalities) |
3. Harassment
Unwanted conduct related to a protected characteristic that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
| Construction example |
|---|
| Racial slurs, "jokes" about someone's ethnicity or nationality |
| Sexual comments, wolf-whistling, displaying explicit material in site cabins |
| Mocking someone's disability or mental health condition |
| Homophobic language -- even if "not directed at anyone in particular" |
| Nicknames based on someone's race, age, or physical characteristics |
Critical point: It doesn't matter whether the harasser intended it as a joke. If the conduct has the effect of creating a hostile environment, it's harassment. The test is whether it's reasonable for the recipient to feel that way -- not whether the person saying it thought it was funny.
4. Victimisation
Treating someone badly because they've made or supported a discrimination complaint, or because the employer believes they might do so.
| Construction example |
|---|
| An operative complains about racist language on site. They're suddenly not called back for shifts |
| A woman raises a grievance about sexual comments. She's moved to a worse site |
| Someone gives evidence supporting a colleague's discrimination claim. They're "let go" the following week |
5. Discrimination arising from disability
Treating someone unfavourably because of something arising from their disability, rather than the disability itself -- unless objectively justified.
| Construction example |
|---|
| Dismissing someone for sickness absence when the absences are caused by their disability |
| Refusing to allocate lighter duties to someone recovering from a work-related musculoskeletal condition that qualifies as a disability |
6. Failure to make reasonable adjustments (disability)
Employers have a duty to make reasonable adjustments where a provision, criterion, or practice puts a disabled person at a substantial disadvantage.
| Construction example |
|---|
| Providing modified tools or equipment for someone with a hand/arm condition |
| Adjusting start/finish times for someone whose medication causes morning drowsiness |
| Allowing additional breaks for someone managing a chronic health condition |
| Providing written instructions in larger print or alternative formats |
| Reallocating certain physical tasks where reasonably practicable |
The duty is on the employer -- not on the worker to ask. If the employer knows or could reasonably be expected to know about the disability, the duty is triggered.
What's changing -- ERA 2025 harassment provisions
| Change | When | What it means |
|---|---|---|
| Sexual harassment = protected disclosure (whistleblowing) | 6 April 2026 | Reporting sexual harassment is now explicitly a qualifying disclosure. Workers who raise it are protected from detriment and dismissal under whistleblowing law |
| "All reasonable steps" duty | October 2026 | The duty on employers to prevent sexual harassment strengthens from "reasonable steps" to "all reasonable steps" |
| Third-party harassment liability | October 2026 | Employers will be directly liable if a worker is harassed by a third party (client, customer, other contractor, member of the public) and the employer hasn't taken all reasonable steps to prevent it |
Construction impact -- third-party harassment: This is enormous for construction. Sites are multi-employer environments. Your workers interact with other contractors' workers, client representatives, delivery drivers, members of the public. From October 2026, if a worker on your payroll is racially abused by someone from another contractor and you haven't taken all reasonable steps to prevent it, you are liable.
That means you need:
- Anti-harassment policies that cover third-party conduct
- Site induction content addressing harassment
- Clear reporting mechanisms
- Evidence that you've actually acted on reports
Vicarious liability -- you're responsible for your workers
Under the Equality Act, anything done by an employee in the course of their employment is treated as done by the employer. This means:
- If your site foreman makes racist comments to a subbie's labourer, your company is liable
- If your operative sexually harasses a colleague, your company is liable
- The only defence is proving you took all reasonable steps to prevent the discrimination
"I didn't know about it" is not a defence. "We have a policy" is not enough if the policy sits in a drawer and nobody's been trained on it.
A tribunal awarded £24,646 -- including £15,000 for injury to feelings -- where an employer failed to properly investigate a racist remark made by a contractor's employee on their premises. A former construction site manager was awarded £73,000 after disability discrimination and unfair dismissal. Discrimination awards of £4.6 million have been made in extreme cases.
Discrimination on construction sites -- what it actually looks like
Race
- Racial slurs disguised as nicknames
- Assumptions about capability based on nationality
- Assigning the worst jobs to workers of a particular ethnicity
- Excluding non-English-speaking workers from safety briefings (this is also a health and safety failure)
- Ethnic minority workers concentrated in the lowest-paid, least secure roles
Age
- "He's too old for this job" -- age discrimination doesn't require a specific age, just less favourable treatment because of age
- Not offering training to older workers because "they'll retire soon"
- Assuming younger workers are unreliable
- Selecting older workers for redundancy based on proximity to retirement
Disability
- Refusing to adjust duties for someone with a physical condition
- Dismissing someone for disability-related absence without considering adjustments
- Mocking someone's mental health condition
- Failing to make reasonable adjustments during recruitment (e.g. requiring a practical test without accommodating a physical disability)
- Construction itself causes significant disability -- musculoskeletal conditions, hearing loss, respiratory disease. Workers injured in the industry then face discrimination within it
Sex / Gender
- Sexual comments, unwanted physical contact
- Excluding women from certain roles, sites, or teams
- Assumptions about capability -- "she won't be able to handle it"
- Providing inadequate site facilities (toilets, changing areas) for women
- Pay disparity for the same or equivalent work
- The "boys' club" culture that pervades site management
What happens if you get it wrong
| Consequence | Detail |
|---|---|
| Tribunal claim | No qualifying period -- can be brought from day one of employment |
| Compensation | Uncapped -- includes financial losses, injury to feelings, and aggravated damages |
| Injury to feelings | Vento bands (updated annually): Lower band ~£1,200--£11,200; Middle band ~£11,200--£33,700; Upper band ~£33,700--£56,200; exceptional cases above |
| Exemplary damages | Available against public bodies for oppressive conduct |
| Vicarious liability | Employer liable for employees' discriminatory acts unless "all reasonable steps" defence made out |
| Third-party liability (from Oct 2026) | Employer liable for harassment by non-employees if all reasonable steps not taken |
| EHRC enforcement | The Equality and Human Rights Commission can investigate, issue notices, and take legal action against employers |
| Reputational damage | Tribunal judgments are public. Major contractors lose public-sector contracts over discrimination findings |
What to do
If you're running a site or employing people:
- Have an equality and anti-harassment policy. Written, specific, given to every worker at induction. Not a generic template -- one that reflects the reality of a construction site.
- Train everyone. Not just managers -- all operatives. What harassment is, what discrimination is, how to report it, what happens if they do it. Annual refresher minimum.
- Deal with complaints properly. Investigate promptly, take it seriously, follow through. The tribunal in the racial harassment case specifically criticised the employer for accepting the perpetrator's employer's assurances at face value without independent investigation.
- Address site culture. "Banter" that targets protected characteristics is harassment. Set the standard from day one. Enforce it consistently.
- Make reasonable adjustments. If a worker has a disability, proactively consider what adjustments are needed. Don't wait for them to ask -- the duty is on you.
- Prepare for October 2026. Third-party harassment liability is coming. Your policies and inductions need to cover conduct by workers from other companies. Your reporting mechanisms need to work across multi-contractor sites.
- Provide proper facilities. Separate welfare facilities for women on site. Adequate toilet and changing provision. This is both a legal requirement and a basic retention issue.
- Monitor your workforce data. Who's getting hired, trained, promoted, dismissed? If patterns emerge along protected characteristic lines, investigate before a tribunal does.
If you're a worker experiencing discrimination:
- Keep a written record. Dates, times, what was said or done, who was present. This is your evidence.
- Report it. Use your employer's grievance procedure. Put it in writing. Keep a copy.
- If the employer doesn't act, or retaliates -- that's victimisation, and it's a separate claim.
- Time limit: 3 months minus one day from the act of discrimination. For ongoing conduct, the clock runs from the last act in the series. ACAS Early Conciliation must come first.
- You don't need qualifying service. Discrimination claims can be brought from day one. No two-year rule. No six-month rule.
- Self-employed workers may still be protected. The Equality Act covers "employment" broadly -- it can include contract workers and those in a relationship akin to employment, depending on the facts.
- Contact your union or a specialist solicitor. Discrimination claims are complex but the remedies are significant -- uncapped compensation, injury to feelings, and a declaration that you were discriminated against.
What to do next
- Keep a written record of every incident: dates, times, what was said or done, and who was present.
- Report it through your employer's grievance procedure -- put it in writing and keep a copy.
- If your employer doesn't act or retaliates, that's victimisation and a separate claim.
- Contact ACAS for Early Conciliation before filing a tribunal claim -- this is mandatory.
- Remember: discrimination claims can be brought from day one of employment with no qualifying period, and compensation is uncapped.
Sources
- Equality Act 2010, ss.4--12 (protected characteristics), ss.13--27 (prohibited conduct), s.39 (employees), s.40 (harassment by employer/third parties), s.109 (vicarious liability), s.124 (remedies)
- Employment Rights Act 2025 -- enhanced duty to prevent sexual harassment (October 2026), third-party harassment liability (October 2026), sexual harassment as protected disclosure (April 2026)
- ACAS -- Discrimination and the Equality Act 2010
- CIOB -- Equality, Diversity, and Inclusion in Construction
- CIC -- Diversity and Inclusion in Construction
- EHRC -- Race Discrimination in the Construction Industry
- Davidson Morris -- Protected Characteristics at Work (2026 UK Guide)
- Harper Macleod -- Employer Obligations under the Equality Act 2010
- People Management -- Employee Suffered Racist Insult from Contractor: £24,646 Award
- Employee Benefits -- Cranatt Construction Site Manager: £73,000 Disability Discrimination Award
- Blake Morgan -- Employment Tribunal Award of Almost £4.6 Million for Disability Discrimination
- Shoosmiths -- 2026: A New Era for the Duty to Prevent Sexual Harassment
- BP Collins -- Changes to Protections Against Sexual Harassment (ERA 2025)
- Penningtons -- Harassment and the ERA 2025: What Employers Need to Know
- Farrer & Co -- An Update on Third Party Harassment under the ERA 2025
- Working Families -- Discrimination, Harassment and Victimisation
- Mind -- Types of Discrimination in the Equality Act
- Pinsent Masons -- New Rights for Families (April 2026 changes)
This guide is for general information only and does not constitute legal, tax, or financial advice. Legislation, case law, and guidance change frequently. The ERA 2025 provisions on third-party harassment and the enhanced prevention duty are expected to commence in October 2026 -- final regulations and statutory guidance are still awaited. Discrimination claims are fact-sensitive and the law applies differently depending on circumstances. Always take professional advice specific to your situation before acting on anything in this guide. SiteKiln is not a law firm and accepts no liability for actions taken based on this content.
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