What is discrimination in the workplace?
Workplace discrimination occurs when you are treated unfairly by your employer because of your protected characteristics as defined by the Equalities Act 2010.
Protected characteristics include:
- Age
- Gender
- Race
- Religion
- Sexuality
- Disability
- Marriage and civil partnerships
- Pregnancy and maternity
So, if you have suffered under a manager who ignores your years of experience in favour of promoting recent graduates because “they work longer hours for less money”, or faced bullying remarks because of your ethnicity, you could be able to make a discrimination claim.
You will typically come across four different types of discrimination:
- Direct discrimination is when an employer treats you unfairly because of your protected characteristics.
- Indirect discrimination is when employers introduce unjustified arrangements or rules that unfairly impact people with a protected characteristic.
- Harassment includes bullying and unwanted sexual advances that create an offensive working environment or violate your dignity.
- Victimisation is when an employee is treated unfairly because of actions the company dislikes, such as complaining about discriminatory behaviour.
Most workers are protected, although there are some exceptions, such as volunteers, the self-employed, or certain public servants. If you are unsure, it is worth speaking to an employment solicitor.
What steps should you take when discriminated against at work?
- Make a record The first thing you should do is record any incidents you believe are a form of discrimination. Alongside an account of what happened, make sure you note the date, time, location, and the people involved, including aggressors and witnesses.
- Talk to senior staff In many cases, discrimination is not vindictive but the result of poor management or communication. Arrange a meeting with your manager or senior staff to discuss the issue. Stay calm and try to resolve the problem professionally.
- Report discrimination If the harassment or unfair treatment continues, report it to HR and make it official. By law, your employer must investigate all discrimination complaints. This may lead to a
- Mediation Discrimination claims are understandably emotional, so it can help to bring in a third party to mediate discussions between you and your employer. You are allowed to bring someone along for support, such as a friend, relative, or solicitor, although your solicitor should limit their participation. Always try to resolve the issue before taking legal action.
- Speak to an employment solicitor Once you have exhausted your options but still face discrimination, it is time to get legal advice. Make sure to give your solicitor a copy of your records so they fully understand your case.
How do you make a discrimination claim at an employment tribunal?
If your employer fails to act over discrimination at work, you may need to take the matter to court or an employment tribunal. Your solicitor will be able to advise on the exact process and documents you will need.
You must first inform ACAS of your intention to take the case to a tribunal. You only have three months to make your claim, so you need to act quickly.
You will usually be offered early conciliation first. This is a form of mediation, and you will be expected to attend if you and your employer have not already tried alternative dispute resolution.
At the end of this process, if you and your employer reach a solution, you will receive a legally binding certificate outlining the agreement. If early conciliation fails, you will be given a form that allows you to take your employer to a tribunal.
What outcomes can you expect from a tribunal?
Outcomes depend on the type of claim you are making. In most cases, if the business loses the case, it must either:
- Reinstate you in your previous job
- Re-engage you in a new or similar role on similar terms
- Compensate you financially, including any money owed for work
In workplace discrimination cases, as with most other tribunal hearings, compensation is the most likely outcome.
Just before your tribunal starts, or sometimes after you have won if the tribunal allows it, you may hear from a representative for your employer in an attempt to settle the case. If no settlement is possible, you can return to the tribunal to ask for a compensation award.
Figures from the Department for Business, Energy and Industrial Strategy suggest that around 58% of tribunal cases are settled before a hearing, with discrimination cases among those most likely to be withdrawn or settled privately or through ACAS.
If you lose your claim, you can appeal the decision through the Employment Appeal Tribunal within 42 days. A solicitor can also help you with your appeal.
How will employment solicitors help you?
Employment solicitors can advise you on your current situation and the best way to proceed.
It may be that your case is not covered by the Equalities Act 2010, or that you want to use a representative as a go-between while trying to resolve the issue with your employer. A solicitor can also negotiate an end to your contract, secure any compensation due, or help arrange an amicable return to work.
Your solicitor will explain the tribunal process and how to prepare for legal action. Making a discrimination claim is complicated and time-consuming. Legal disputes can last weeks and, in some cases, years, so it is best to have representation that strengthens your case.
Use The Law Superstore quick quote form to find an employment solicitor who can help guide you through your workplace discrimination claim without breaking the bank.