Workplace discrimination can be a lonely and stressful experience, but knowing what to do can help you protect your rights and navigate the situation. Here’s a step-by-step guide to what to do if you’re being discriminated against at work. If you’ve been discriminated against at work, visit Darwin Gray.
1. Is It Discrimination?
Under UK law, discrimination includes being treated unfairly because of characteristics such as race, gender, disability, religion, age, or sexual orientation. The Equality Act 2010 protects individuals from these types of discrimination. Common examples include being overlooked for promotions, unfair treatment in recruitment or redundancy, or being subjected to a hostile work environment.
2. Understanding Different Types of Discrimination
Workplace discrimination can take many forms, and understanding the differences is key when deciding what to do. Direct discrimination is when someone is treated less favourably because of a protected characteristic, such as race, gender, age, or being in a civil partnership. For example, denying a promotion based on someone’s gender would be direct discrimination.
Indirect discrimination is when policies or practices apply to everyone but disadvantage people with a specific protected characteristic. For example, requiring all job applicants to work on weekends would indirectly discriminate against someone whose religious beliefs prohibit them from working on those days.
3. Document Everything
Keep a record of dates, times, people involved, what was said or done, and any witnesses. If the discrimination is ongoing, keep a log of each incident. Any physical evidence, such as offensive emails or images, should be saved. This will be vital when you present your case to HR, legal counsel, or a tribunal.
4. Review Company Policies
Most companies have anti-discrimination policies in their employee handbook. Read these and the procedures for reporting issues. If your employer has a formal complaints process, follow it and you’ll be protected if things escalate.
5. Talk to Your Employer or Manager
Speak to your employer or your immediate manager. Be professional and explain how the discriminatory behaviour is impacting your work and well-being. If your manager is involved, escalate to a higher authority, such as HR or senior management.
6. Informal vs Formal Complaints
When it comes to workplace discrimination, you can make an informal complaint or a formal complaint. An informal complaint is a good starting point if you think the issue can be sorted out through a chat. For example, you can raise it with your manager or a trade union rep, explaining the behaviour and how it’s affecting you.
If an informal complaint doesn’t get the outcome you want, or the behaviour is serious, then a formal complaint through HR is the next step. A formal complaint creates a written record of the issue, which can be important if you need to escalate further.
7. Filing a Discrimination Claim
If internal processes don’t resolve the issue, you may need to make a discrimination claim to an employment tribunal. This often follows alternative dispute resolution methods, like mediation through ACAS. Making a discrimination claim can cover issues like unfair dismissal, policies that lead to indirect discrimination, or direct discrimination.
However, pursuing legal action requires careful consideration of legal costs and time. It’s best to get advice from an employment solicitor or your trade union rep to understand the process.
8. Get Legal Advice
A lawyer can help you work out if your situation is worth taking further action, such as making a claim to an employment tribunal. And if your employer retaliates against you for raising a discrimination concern, this could be a separate claim.
9. The Role of Alternative Dispute Resolution
In some cases, alternative dispute resolution can resolve the issue without the need for tribunal proceedings. Mediation or conciliation allows both parties to discuss the issue with a neutral third party and potentially come to a mutually agreeable solution. This can save time and money and preserve professional relationships.
By understanding direct and indirect discrimination, when to make an informal or formal complaint, and considering alternative dispute resolution, you can make informed decisions about how to deal with discrimination at work. If needed, pursuing a discrimination claim will ensure your rights are protected and unfair treatment is addressed.
10. Make a Discrimination Claim
If your employer doesn’t resolve the issue, you have the right to make a discrimination claim to a tribunal. In the UK, this involves submitting your complaint to ACAS (Advisory, Conciliation and Arbitration Service) for early conciliation before you can go to an employment tribunal. You need to act quickly, as there are time limits for making claims—usually within three months of the discriminatory act.
11. Look After Yourself
Dealing with discrimination can be tough on your mental and emotional health. Make sure you talk to friends, family, or professional networks. Some organisations may also offer counselling or Employee Assistance Programmes (EAP) to help you through the situation.
FAQs
What is discrimination in the workplace?
Workplace discrimination is when someone is treated unfairly because of characteristics such as race, gender, disability, religion, or age, as per the Equality Act 2010.
How do I prove workplace discrimination?
Document everything—dates, times, and people involved. Collect any supporting evidence, such as emails or witness statements.
What if my employer ignores my complaint?
If your employer doesn’t act on your discrimination complaint, you can make a formal complaint to ACAS or go to an employment tribunal.
Can I be sacked for raising a discrimination concern?
It’s illegal for employers to retaliate against employees for raising a discrimination concern. If you’re sacked or treated unfairly after making a complaint, you may have a separate claim.
Conclusion
By following these steps and knowing your rights, you can take action against workplace discrimination and ensure that you are treated fairly. If in doubt, always seek legal advice to explore the best course of action for your specific situation.
