Workplace Discrimination Guide for Employees

Introduction to Workplace Discrimination

Workplace discrimination happens when you’re mistreated at work because of who you are. In the UK, laws protect you from this unfair treatment. Everyone deserves to work in a place where they are respected and valued.

What is Workplace Discrimination?

Workplace discrimination occurs when you’re treated differently or unfairly because of specific personal characteristics. This unfair treatment can affect your job application, pay, promotion chances, or how others treat you. UK law makes this kind of treatment illegal.

Types of Workplace Discrimination

Direct Discrimination

This happens when someone mistreats you precisely because of a protected characteristic. For example, that’s direct discrimination if you aren’t given a job because of age.

Indirect Discrimination

This occurs when a workplace rule or policy seems fair for everyone but actually disadvantages people with certain characteristics. For example, if a company requires all staff to work Sundays without exception, this might indirectly discriminate against people whose religion requires Sunday worship.

Harassment

This involves unwanted behaviour related to a protected characteristic that makes you uncomfortable, intimidated, or upset. Examples include offensive jokes, unwelcome sexual advances, or bullying comments about your religion.

Victimisation

This happens when you’re mistreated because you’ve complained about discrimination or supported someone else’s complaint. For example, if you’re passed over for promotion because you reported harassment, that’s victimisation.

Protected Characteristics Under UK Law

The law protects you from discrimination based on:

1.   Age
2.   Disability
3.   Gender reassignment
4.   Marriage and civil partnership
5.   Pregnancy and maternity
6.   Race (including colour, nationality, ethnic or national origin)
7.   Religion or belief
8.   Sex
9.   Sexual orientation

Recognising Discrimination at Work

You might be experiencing discrimination if you:

1.   Are paid less than colleagues doing the same job
2.   Are overlooked for training or promotion despite good performance
3.   Face rude comments or jokes about your protected characteristics
4.   Are excluded from work activities or information
5.   Have your requests for flexible working rejected without good reason
6.   Are given worse shifts or tasks than colleagues
7.   Face stricter rules or harsher punishment than others

Your Rights as an Employee

As an employee in the UK, you have the right to:

1.   Work in an environment free from discrimination and harassment
2.   Equal pay for equal work
3.   Request flexible working arrangements
4.   Ask for reasonable adjustments if you have a disability
5.   Complain about discrimination without fear of punishment
6.   Take legal action if discrimination continues

Legal Protections Against Discrimination

Several laws protect UK employees:

The Equality Act 2010

This is the primary law that protects workers from discrimination. It covers all the protected characteristics and types of discrimination mentioned earlier.

Employment Rights Act 1996

This gives you rights regarding unfair dismissal, which includes dismissal due to discrimination.

Human Rights Act 1998

This protects your right to be treated with dignity and respect.

Steps to Take if You Face Discrimination

1. Keep Detailed Records

Write down what happened, when, who was involved, and any witnesses. Save any emails, messages, or documents that show the unfair treatment.

2. Check Your Company’s Policies

Look at your staff handbook or company intranet for discrimination and grievance policies.

3. Speak to Someone Informally

Sometimes, discrimination occurs because people don’t realise their behaviour is harmful. If you feel comfortable, you should speak directly to the person involved.

4. Talk to Your Manager or HR

If the informal approach doesn’t work or isn’t appropriate, speak to your manager or HR department about your concerns.

5. Seek Support

For guidance, speak to a trusted colleague or union representative or contact organisations like the Equality Advisory Support Service.

6. Get Legal Advice

If your employer doesn’t resolve the issue, contact Davenport Solicitors for expert legal advice on your options.

Reporting Discrimination to Your Employer

When reporting discrimination to your employer:

1.   Be clear and factual about what happened
2.   Please explain why you believe it’s discrimination
3.   Provide any evidence you have
4.   Suggest how the situation could be resolved
5.   Follow your company’s grievance procedure

Many cases can be resolved at this stage without going further.

Filing a Formal Grievance

If informal discussions don’t resolve the issue, you can make a formal grievance:

1.   Put your complaint in writing
2.   Include specific details of incidents and evidence
3.   State that you’re making a formal grievance under the company policy
4.   Please send it to your HR department or the person specified in your company’s grievance procedure
5.   Attend any grievance meetings and bring a colleague or union representative for Support
6.   Appeal the decision if you’re not satisfied with the outcome

Compensation for Workplace Discrimination

If your discrimination claim succeeds, you might receive compensation for:

1.   Lost earnings (if you lost your job or promotion opportunities)
2.   Future loss of earnings
3.   Injury to feelings
4.   Personal injury (if discrimination caused physical or mental health problems)
5.   Costs and expenses

Unlike some other employment claims, there’s no upper limit on compensation in discrimination cases.

How Davenport Solicitors Can Help

Our expert employment law team can:

1.   Provide clear advice on whether you have a valid discrimination claim.
2.   Help you gather the right evidence.
3.   Guide you through internal grievance procedures.
4.   Represent you during the ACAS Early Resolution process
5.   Prepare and submit your employment tribunal claim.
6.   Represent you at the tribunal hearing.
7.   Negotiate settlements with your employer.
8.   Support you throughout the entire process with clear, practical advice.

Employer Responsibilities in Preventing Discrimination

Employers must:

1.   Create and enforce anti-discrimination policies.
2.   Provide regular training for all staff.
3.   Take all complaints seriously and investigate them properly.
4.   Make reasonable adjustments for disabled employees.
5.   Ensure equal pay for equal work.
6.   Monitor for patterns of discrimination in hiring, promotion, and pay
7.   Create a positive workplace culture that values diversity.

Common Mistakes Employers Make

Employers often:

1.   Fail to take complaints seriously or investigate them properly.
2.   Have policies that exist only on paper but aren’t followed in practice
3.   Allow managers to make decisions based on personal bias.
4.   Lack of clear reporting procedures for discrimination
5.   Punish employees who make complaints.
6.   Forget to review their policies regularly.

How Employers Can Create an Inclusive Workplace

Good employers:

1.   Create clear policies against discrimination and harassment.
2.   Provide regular training for all staff.
3.   Take complaints seriously and respond quickly.
4.   Support employee networks for underrepresented groups.
5.   Use diverse interview panels when hiring.
6.   Review pay and promotion decisions for fairness.
7.   Celebrate diversity through workplace events and recognition.

Mediation and Settlement Options

Before going to a tribunal, you might try:

Mediation

An independent mediator helps you and your employer discuss the issues and find a solution. This is voluntary but can be quicker and less stressful than a tribunal.

Settlement Agreements

Your employer might offer you a payment to resolve your complaint. In return, you agree not to make a tribunal claim. Always get legal advice before signing a settlement agreement.

Time Limits for Making a Claim

You must start the ACAS Early Resolution process within three months, less than one day from the date the discrimination occurred. If there are multiple incidents, the time begins with the last incident.

Missing this deadline means you can only claim if the tribunal decides it was “not reasonably practicable” for you to claim in time, which is rare.

How to Gather Evidence for Your Case

Strong evidence includes:

1.   Written records of incidents (dates, times, what happened, who was there)
2.   Emails, messages, and letters related to the discrimination
3.   Company policies and how they were applied differently to you
4.   Witness statements from colleagues
5.   Records of how others were treated differently
6.   The medical evidence of discrimination affected your health.
7.   Records of your complaints and your employer’s response

What to Expect During an Employment Tribunal

Employment tribunals are less formal than courts but still follow a legal process:

1.   Both sides submit their documents and witness statements before the hearing.
2.   At the hearing, witnesses give evidence and are questioned by both sides.
3.   The tribunal panel (usually a judge and two lay members) considers the evidence.
4.   The tribunal makes a decision, usually sent in writing after the hearing.
5.   If you win, there’s often a separate hearing to decide compensation.

Support Available for Affected Employees

If you experience discrimination, you can get Support from:

1.   Trade unions
2.   The Equality Advisory Support Service
3.   Citizens Advice
4.   ACAS (Advisory, Conciliation and Arbitration Service) – Our team of solicitors will handle the ACAS process on behalf of the employee
5.   Mental health charities like Mind
6.   Specific charities for protected characteristics (e.g., Age UK, Stonewall)
7.   Workplace counselling services if your employer offers them

Confidentiality in Discrimination Cases

When you report discrimination:

1.   Your employer should handle your complaint confidentially.
2.   Only people who need to know should be told about your complaint.
3.   Your personal information should be protected.
4.   Witnesses should be reminded about confidentiality.

However, complete confidentiality isn’t always possible if your case needs investigating or goes to tribunal.

Recent Updates to UK Discrimination Laws (2025)

Recent changes to UK discrimination laws include:

1.   More substantial employer duties to prevent sexual harassment
2.   Extended protection for pregnant women and new parents
3.   New rules on using non-disclosure agreements in discrimination cases
4.   Increased tribunal powers to order employer policy changes
5.   Higher compensation guidelines for severe discrimination cases

Contact Davenport Solicitors for Expert Advice

Employment tribunals focus on the facts of your case, not the company’s size. Davenport Solicitors has successfully represented many employees against large corporations.

If you’re facing workplace discrimination, our expert team can help.  Contact us

 

Frequently Asked Questions

1. How do I know if I’m experiencing discrimination?

Discrimination happens when you’re mistreated because of a protected characteristic (like your age, race, sex, disability, etc.). If colleagues with different traits aren’t treated the same way, or if someone makes offensive comments about your protected characteristics, you might be experiencing discrimination. If unsure, record incidents and speak to Davenport Solicitors for advice.

2. Can I be fired for making a discrimination complaint?

No, it’s illegal for your employer to punish you for making a genuine discrimination complaint. This is called victimisation and is another form of discrimination. If you’re mistreated after making a complaint, you can include this.

3. What if I can’t prove the discrimination was deliberate?

You don’t need to prove that someone intended to discriminate. If their actions or the workplace policies have a discriminatory effect, that’s enough. For example, a dress code that forbids certain hairstyles might discriminate against people of specific racial backgrounds, even if that wasn’t the intention.

4. How much compensation could I get for a discrimination claim?

Compensation varies widely depending on:

1.   How severe the discrimination was
2.   How did it affect you emotionally
3.   Any financial losses you suffered (like lost wages)
4.   How your employer handled your complaint

5. What if I’ve already left my job – can I still make a claim?

You can still claim after leaving your job if you’re within the time limit (usually three months from the last discriminatory act). This applies whether you resigned, were dismissed, or left by mutual agreement. Former employees bring many discrimination claims.

6. Can my employer make me keep my discrimination claim confidential?

Your employer might ask you to sign a settlement agreement with a confidentiality clause (sometimes called an NDA or non-disclosure agreement). However, these agreements can’t prevent you from:

1.   Reporting criminal offences to the police
2.   Talking to healthcare professionals for Support
3.   Making protected disclosures (“whistleblowing”)
4.   Discussing the discrimination with regulators

You should always get legal advice before signing any agreement.

7. What are “reasonable adjustments” for disabled employees?

Reasonable adjustments are changes that employers must make to remove or reduce disadvantages faced by disabled employees. These might include:

1.   Changing your working hours or allowing flexible working
2.   Adapting equipment (like providing a unique chair or screen reader)
3.   Allowing extra breaks
4.   Providing information in accessible formats
5.   Reassigning specific tasks that you can’t do because of your disability
6.   Allowing more time to complete tasks

What’s “reasonable” depends on your needs, the employer’s resources, the practicality of the changes, and their effectiveness.

8. Can I claim discrimination if I’m not an employee?

Yes, protection against discrimination covers:

1.   Employees
2.   Workers
3.   Job applicants
4.   Self-employed contractors, in some cases
5.   Agency workers
6.   Apprentices
7.   Trainees

The protection applies from the recruitment process through your working relationship and sometimes even after it ends.

9. What happens if I win my case but my employer doesn’t pay?

If your employer doesn’t pay the compensation awarded:

1.   You can contact the tribunal to get a “County Court judgment.”
2.   This allows enforcement action like using bailiffs or getting an attachment of an earnings order
3.   In severe cases, company directors can be personally liable
4.   If the company has gone into liquidation, you may need to register as a creditor

Davenport Solicitors can advise on the best enforcement options for your situation.

10. Is it worth making a discrimination claim if my employer is a big company with many resources?

It can still be worth making a claim against a large employer. While they may have more resources for the legal process, they also:

1.   Often have more to lose from negative publicity
2.   They may be more likely to settle to avoid reputation damage
3.   Have clear policies that they might not have followed
4.   Are held to the same legal standards as smaller employers