Tribunal Intelligence · Yerty Findings
How often do discrimination claims succeed at an employment tribunal?
Across published employment tribunal judgments analysed by Yerty, success rates for discrimination claims that reached a decided ruling range from 56.8% for pregnancy and maternity down to 11.3% for religion or belief. Pregnancy and maternity is the only protected characteristic where the majority of decided claims succeed.
| Protected characteristic | Success rate | Decided claims (n) |
|---|---|---|
| Pregnancy & maternity | 56.8% | 864 |
| Sex | 26.4% | 2,030 |
| Disability | 25.7% | 6,707 |
| Sexual orientation | 22.1% | 190 |
| Age | 14.7% | 1,190 |
| Race | 13.6% | 3,395 |
| Religion or belief | 11.3% | 550 |
Pregnancy and maternity stands apart
Of the protected characteristics under the Equality Act 2010, pregnancy and maternity is the only one where most decided claims succeed, at 56.8% (n=864). No other characteristic comes close: the next highest, sex discrimination, sits at 26.4%. The gap is large enough that pregnancy and maternity claims behave differently from the rest of the discrimination caseload.
Race and religion sit lowest
For race (13.6%, n=3,395) and religion or belief (11.3%, n=550), fewer than one in seven decided claims succeed. Race is also one of the most-litigated characteristics, so its low rate reflects a large number of decided cases rather than a small sample.
Why the rates differ so much
Several structural factors shape these gaps, rather than the strength of any single case. They include the evidential burden on the claimant, the role of the statutory comparator in showing less favourable treatment, and the share of stronger cases that settle before a hearing and so never appear as a decided ruling. We will look at the drivers in a follow-up.
What these figures do — and don't — show
These are aggregate outcomes across decided cases, not a prediction for any individual claim. They exclude cases that settled or were withdrawn, which is why a decided-case success rate is not the same as the overall odds of a claim of that type.
Methodology & coverage
Based on Yerty's structured analysis of more than 130,000 published employment tribunal judgments. A claim is counted as successful where a decided ruling found in the claimant's favour on that discrimination strand. "n" shows the number of decided claims for each characteristic. Cases that settled or were withdrawn are excluded. Protected characteristics follow the Equality Act 2010. Discrimination outcomes by protected characteristic are not published in the official Ministry of Justice tribunal statistics.
Frequently asked questions
Which discrimination claim has the highest success rate at tribunal?
Pregnancy and maternity, at 56.8% of decided claims (n=864). It is the only protected characteristic where the majority of decided discrimination claims succeed.
Which discrimination claim has the lowest success rate?
Religion or belief, at 11.3% (n=550), just below race at 13.6%. For both, fewer than one in seven decided claims succeed.
Do these figures predict whether my discrimination claim will succeed?
No. They are aggregate outcomes across decided cases and exclude claims that settled or were withdrawn. Any individual outcome depends on the specific facts and evidence.
Are these official Ministry of Justice statistics?
No. The Ministry of Justice does not publish tribunal success rates by protected characteristic. These figures come from Yerty's analysis of published tribunal judgments.
What counts as a 'decided' discrimination claim?
A claim that reached a tribunal ruling on the merits, rather than one that settled, was withdrawn, or was struck out before a decision was made.
See how claims like these have been decided
Search and benchmark comparable discrimination cases by outcome, sector and region.
Explore the Intelligence Hub →Sources
- Yerty Intelligence Hub — analysis of published employment tribunal judgments
- Equality Act 2010, Part 2 — protected characteristics (legislation.gov.uk)
Related: tribunal representation rates · claims by sector
How to cite this
Yerty (2026). How often do discrimination claims succeed at an employment tribunal?. Yerty Intelligence Hub. https://yerty.co.uk/tribunal-data/discrimination-claim-success-rates (last updated June 2026).Free to cite for non-commercial use with attribution to Yerty. For commercial use, bulk or API access, or AI training, see our Data Use & Citation policy.
Figures derived from Employment Tribunal decisions published by HM Courts & Tribunals Service on GOV.UK, licensed under the Open Government Licence v3.0. Analysis © Yerty. Re-use is subject to our Data Use & Citation policy.
Yerty provides information, not legal advice. The figures above describe outcomes across past published cases and are not a prediction for any individual claim. For advice on your circumstances, consider speaking to a qualified employment solicitor.