When a worker or candidate thinks an automated screen, score or ranking discriminated against them, two practical questions come up quickly: how long they have to bring a claim, and who has to prove what. In Great Britain the answers are in Part 9 of the Equality Act 2010. Both make records of how the tool was used important, for the person affected and for the employer.
The short answer: a complaint about discrimination at work goes to an employment tribunal (s120(1)). It must generally be brought within 6 months starting with the date of the act complained of, or such other period as the tribunal thinks just and equitable (s123(1)). Once there are facts from which the tribunal could decide that discrimination happened, it must find so unless the employer shows it did not contravene the Act (s136(2)-(3)).
Which tribunal
An employment tribunal has jurisdiction to determine a complaint about a contravention of Part 5 of the Act, which covers work (s120(1)(a)). That includes complaints about recruitment, terms, promotion, dismissal and other treatment by an employer, whether or not software was involved in the decision.
The time limit
- 6 months: proceedings may not be brought after the end of the period of 6 months starting with the date of the act complained of, or such other period as the tribunal thinks just and equitable (s123(1)).
- Earlier cases: the 6 month period came in on 1 October 2026. It does not apply where the relevant date is before 1 October 2026; for those cases the limit was 3 months (S.I. 2026/954, reg 4). For a series of similar acts or failures, the relevant date for that rule is the last one in the series (reg 4(2)(c)).
- Conduct over a period: conduct extending over a period is treated as done at the end of the period (s123(3)(a)).
- Failing to do something: a failure is treated as happening when the person decided on it (s123(3)(b)). Without evidence to the contrary, that is when they do something inconsistent with doing it, or, if they do nothing inconsistent, when the period in which they might reasonably have been expected to do it ends (s123(4)).
- Acas early conciliation: the claimant must contact Acas before bringing proceedings, and the time between that contact and receiving the certificate is not counted; if the limit would expire between the day of contact and one month after the certificate, it expires at the end of that month instead (s140B(2)-(4)). See Acas early conciliation.
How this can apply to AI decisions
- A single rejection: an automated rejection of an application is usually an act with a date, and the period runs from it.
- A rule that keeps running: where a scoring rule or monitoring system is applied to someone again and again, the question whether that is conduct extending over a period, treated as done at its end, can matter for when time runs.
- A request that was not acted on: where someone asked for an adjustment to an automated test or target and nothing happened, section 123(3)(b) and (4) decide when that failure is treated as happening. Following up in writing gives both sides a clearer record of dates.
- Late claims: the tribunal can allow a longer period where it thinks it just and equitable (s123(1)(b)), but that is its decision, not a right; it is safer not to rely on it.
The burden of proof
If there are facts from which the tribunal could decide, in the absence of any other explanation, that the employer contravened the Act, the tribunal must hold that the contravention occurred (s136(2)). That does not apply if the employer shows that it did not contravene the provision (s136(3)).
For automated decisions this can cut both ways. A claimant who can point to facts, such as a pattern of rejections or the criteria a tool used, can move the question to the employer. An employer that cannot explain what a tool measured or why it produced a result may find it harder to give the explanation section 136(3) calls for.
Records worth keeping
- Candidates and workers: the job advert, dates of applications and decisions, any rejection message or score, what the tool asked you to do, any request for an adjustment and the reply, and the date you contacted Acas.
- Employers: what each tool was used for and when, the criteria and cut-offs in force at the time, outcome monitoring, requests for adjustments and what was done, and who reviewed automated outputs.
For what a tribunal can order if the claim succeeds, see remedies. For what the claim itself has to show, see AI and the Equality Act 2010, indirect discrimination and reasonable adjustments.
This page covers Great Britain and is general information on the law as at 2 November 2026, not legal advice.
Questions and answers
How long do I have to bring a discrimination claim about an AI decision at work?
Under section 123 of the Equality Act 2010, generally 6 months starting with the date of the act complained of, or such other period as the tribunal thinks just and equitable. The 6 month period applies where the relevant date is on or after 1 October 2026; earlier cases had 3 months. Time spent in Acas early conciliation is not counted.
When does time start for a continuing automated practice?
Conduct extending over a period is treated as done at the end of the period (section 123(3)(a)). A failure to do something is treated as happening when the person decided on it (section 123(3)(b)).
Who has to prove discrimination?
Under section 136, if there are facts from which the tribunal could decide, without another explanation, that the employer contravened the Act, it must find so unless the employer shows it did not contravene the provision.
Which tribunal hears these claims?
An employment tribunal, which has jurisdiction over complaints about contraventions of Part 5 (work) of the Equality Act 2010 under section 120.