The workplace should be a place of opportunity, growth, and respect for everyone. Unfortunately, discrimination remains a persistent and damaging issue. If you're experiencing unfair treatment, harassment, or a disadvantage at work because of who you are, it can be an incredibly distressing and isolating experience.
It's vital to know that you have rights. The law is in place to protect you, and there are clear steps you can take to address the issue. This guide is designed to empower you with the knowledge and actionable advice you need to navigate this difficult situation, from understanding your rights to seeking the right help. Remember, you do not have to face this alone.
In the UK, the primary law protecting you from discrimination is the Equality Act 2010. This act makes it illegal to discriminate against you based on certain personal characteristics, known as "protected characteristics."
The Equality Act protects you from discrimination based on:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race (including color, nationality, and ethnic or national origins)
Religion or belief
Sex
Sexual orientation
Discrimination can take several forms, all of which are illegal:
Direct Discrimination: This is when you are treated less favorably than someone else because of a protected characteristic. For example, a woman being overlooked for a promotion because the manager assumes she will eventually have children.
Indirect Discrimination: This occurs when a company policy or rule, which applies to everyone, puts people with a protected characteristic at a disadvantage. For example, a requirement for employees to work every Saturday might indirectly discriminate against those whose religion requires them to observe the Sabbath on that day.
Harassment: This is unwanted conduct related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for you. This can include jokes, comments, or even offensive emails.
Victimisation: This is when you are treated unfairly because you have made a complaint of discrimination, or have supported someone else's complaint. The law protects you from being punished for speaking up.
The moment you feel you have been discriminated against, it's crucial to start taking action, even if it feels daunting. These steps are about building a solid foundation for any potential claim.
1. Keep a Detailed Record: This is arguably the most important step. Without a clear record, it can be your word against theirs.
What to include: Write down the date, time, and location of every incident.
What was said or done: Be as specific as possible. Quote exact words if you can.
Witnesses: Note down the names of anyone who was present or may have seen what happened.
Your feelings: Record how the incident made you feel and what impact it had on your work or well-being.
Documentation: Save any relevant emails, messages, or documents. Keep this record in a secure place, preferably outside of your work computer.
2. Review Your Company's Policies: Many employers have clear policies on equality, diversity, and grievance procedures. Look through your employee handbook or company intranet. This will show you the correct internal process to follow and what your employer's stated commitments are.
3. Consider an Informal Conversation: If you feel safe and comfortable doing so, you could try to have a conversation with the person involved. Sometimes, people are unaware their behavior is causing offense. You could say, "I'm not sure if you realised, but when you said X, I felt Y." However, you should not feel pressured to do this. Your safety and well-being come first.
If an informal approach isn't appropriate or doesn't work, you should proceed with a formal complaint.
Most UK employers have a formal grievance procedure. A grievance is a formal complaint made by an employee to their employer.
How to submit a grievance: Write a formal letter or email to your manager, HR department, or a senior leader.
What to include: Clearly state that you are raising a formal grievance. Use your detailed notes to describe the incidents, including dates and witnesses. Explain how the discrimination has affected you and what outcome you are seeking.
The investigation: Your employer should then investigate your complaint in a timely manner. They should hold a meeting with you to discuss the issue, and you have the right to be accompanied by a colleague or trade union representative.
It is highly recommended that you seek external advice before or during the grievance process.
ACAS (Advisory, Conciliation and Arbitration Service) is the UK's leading expert on employment law and workplace relations. Their helpline is free and confidential. They can provide impartial advice on your rights, the best way to handle your grievance, and can even mediate between you and your employer.
If your employer's response to your grievance is unsatisfactory, or if you feel the process was unfair, you may need to escalate the matter.
Before you can take your claim to an Employment Tribunal, you must contact ACAS to start "Early Conciliation." An ACAS conciliator will contact you and your employer to try and find a solution without going to court. This is a mandatory step, and if you miss the deadline for this, you may lose your right to make a claim.
An Employment Tribunal is a court that deals with workplace disputes. To make a claim, you must have first gone through ACAS Early Conciliation.
Time Limits: This is critically important. You must bring a claim within three months less one day of the last act of discrimination. This is a very strict deadline, so you must act quickly.
Legal Advice: At this stage, it is essential to seek legal advice. A solicitor specialising in employment law can help you build your case, submit the necessary paperwork, and represent you at the tribunal.
You can also get help from:
Citizens Advice Bureau: They offer free, confidential advice on your rights and can help you understand your options.
Your Trade Union: If you are a member, your union can provide excellent support, legal advice, and representation throughout the process.
Going through a discrimination claim can be incredibly stressful, and it's vital to protect your mental and professional well-being.
Do Not Quit Hastily: If you quit your job, you may lose your right to claim for unfair dismissal. If you feel the situation is unbearable, you may have grounds for a "constructive dismissal" claim, but this is legally complex. Always seek advice before leaving.
Victimisation: Remember, it is illegal for your employer to punish you for raising a genuine complaint. This includes being overlooked for promotions, being moved to a different role, or being subjected to new forms of harassment.
Prioritise Your Mental Health: Experiencing discrimination can lead to anxiety, stress, and depression. Make sure to talk to someone you trust, or seek professional support from a therapist or counsellor.
No one should ever have to endure discrimination in the workplace. It is damaging, unfair, and illegal. The legal framework in the UK, particularly the Equality Act 2010, exists to protect you. By understanding your rights, documenting every incident, and seeking expert advice from organisations like ACAS, you can take a powerful stand.
This process may be challenging, but it is a necessary step towards ensuring a fair and respectful working environment for yourself and for your colleagues. Take a deep breath, know your worth, and take action.
