Making a discrimination claim against your employer Your options

Discrimination at work is found far more frequently in the UK than in Europe. A recent study found that in the UK, 38% of employees have experienced discrimination at work. The statistic is higher than in the rest of Europe, where only 30% of employees have experienced discrimination.

Discrimination seems to be highest amongst those aged between 25 to 34. According to the study, half of all 25 to 34 year-olds experienced some form of discriminatory behaviour, compared to just 23% of those over 55.

Being discriminated against in the workplace can cause emotional distress and anger, and it is hard to know where to turn when you don’t know what steps to take. Here, we provide advice on how to make a discrimination claim against your employer, how to know whether you have a valid case and what to expect during the procedure.

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How is employment discrimination in the workplace defined?

Find out what is classed as workplace discrimination.

What are the common types of employment discrimination disputes?

Read the different common types of employment discrimination disputes.

Checking if you are being discriminated against

Read how to check whether you have a valid discrimination claim.

What to do if you’re being discriminated against

Find out what your options are if you feel you have been discriminated against by your employer.

When is it necessary to go to a tribunal?

Find out when you may need to go to a tribunal and what to expect.

How can we help?

Read how Giambrone & Partners can help you when making a discrimination claim against your employer.

How is workplace discrimination defined?

Workplace discrimination occurs when an individual is treated unfairly in the workplace, or differently from other employees due to issues related to protected characteristics. The Equality Act 2010 lists the following to be protected characteristics:

Age
Gender reassignment
Being married or in a civil partnership
Being pregnant or on maternity leave
Disability
Race including colour, nationality, ethnic or national origin
Religion or belief
Gender
Sexual orientation

What are the most common types of employment discrimination disputes?

Age, gender, appearance and race/nationality are the most common types of employment discrimination disputes in the UK. According to the 2019 European study, age was found to be the biggest reason for discrimination, with 11% of discrimination reports stating age was reason for instance of discrimination. However, gender (9%), appearance (7%) and race/nationality (7%) were also common reasons why people experienced discrimination at work. There are also those who face discrimination based on disability or because they’re pregnant.

There are also regional differences in the UK when it comes to employment discrimination. Employees are more likely to experience discrimination in London (54%), yet those in the east of the country are least likely to be discriminated against(28%). People working in the art and culture sectors are also more likely to experience discrimination, while those in the education sector were least likely to experience any form of discrimination.

How employment discrimination is Expressed

There are many different ways that discrimination can present itself. For example, some people are denied promotions, while others are given less favourable working hours. The following are some common forms of discrimination in the workplace:

Direct discrimination – this refers to treating someone with a protected characteristic less favourably than others.
Indirect discrimination – this type of discrimination is slightly less obvious and involves an employer putting rules or arrangements in place that apply to everyone, but that put someone with a protected characteristic at an unfair disadvantage.
Harassment – harassment is defined as unwanted behaviour linked to a protected characteristic that violates someone’s dignity or creates an offensive environment for them.
Victimisation – victimisation involves the unfair treatment of someone because they’ve complained about discrimination or harassment.

Are you experiencing bullying in the workplace? Read our guide on How to make a bullying claim against your employer.

Establishing if you are being discriminated against

If you think you've been a victim of discrimination in your place of work, you can take action to stop it and prevent further instances. Here are some of the steps you can take to help you improve your working environment:

Initially, you should establish that the behaviour towards you falls within the terms that legally count as discrimination under the Equality Act 2010. It is advisable to take legal advice to be sure that you are being discriminated against.
When you are sure that there is a case for discrimination, you need to collect evidence to support your claim. An example of which could be an email or it could be contemporaneous notes made by you outlining instances of discrimination you have experienced. It is important to make sure that all written evidence is backed up and kept safe, it is also recommended that hard copies of your written evidence is also kept in a safe place. Without supporting evidence to demonstrate your claim, it will be difficult to succeed in the Employment Tribunal.
Before beginning a case in the Employment Tribunal an attempt should be made to resolve the issue by informal negotiation. This may be a successful option if you would like to continue working for your employer. Speaking to the person you report to and discussing the reasons why certain actions were taken that you believe amount to discrimination may clarify the situation and provide an opportunity for your employer to rectify your position and prevent future instances of similar behaviour. If you are not comfortable with a face to face discussion you could request an explanation in writing, either by email or in the form of a letter.

Making a formal complaint

If your attempts to resolve the situation informally is unsuccessful you can make a formal complaint to your employer by raising a grievance. Most employers have a protocol that employees should follow in respect to raising a grievance which will be outlined in your contract of employment. If your firm has an HR department they should be approached first, be as clear and concise as possible when making a formal complaint.

If your complaint is acknowledged as valid by your employer they will be keen to rectify any harm caused and resolve the matter. This may take the form of negotiating the actions needed to settle the situation satisfactorily. The actions taken may be improved disability access, re-instatement following an unfair dismissal or recognition of the discriminatory behaviour and preventing any repetition in the future.

If the situation proves to be difficult to negotiate alternative dispute resolution (ADR) utilising the services of an independent trained mediator or arbitrator can help both you and your employer reach a suitable compromise. This is the last step before legal action. At Giambrone & Partners, our highly experienced employment lawyers can advise you on the best way to take your case forward to get the outcome you deserve. You can request a callback with us about our services here.

When is going to a tribunal necessary, and what should you expect?

The final option you can take is to take your employer to an employment tribunal. A tribunal claim should be the last resort and carries a cost. Whilst you can represent yourself, it is strongly advised that you take the advice of an employment law expert before taking this step.

You can speak to an employment lawyer at Giambrone today. We are experts in helping people navigate employment disputes and have a well-deserved reputation for success. Our team can guide you through the whole process and handle claims relating to all forms of discrimination in the workplace.

It must be remembered that the employment tribunal will make a decision, which can be reconsidered if there is sufficient additional evidence, there is a question over a point of law or an employment judge considers that the decision was perverse.

How we can help

Before taking a case to the Employment tribunal you need to be sure that you have a good chance of success; there will be consequences should you lose in the form of fees to be paid and potentially there could be reputational issues. Giambrone & Partners can help you by offering initial advice at a fixed fee to establish the strengths of your case, after which if you decide to proceed, we can offer several options to assist you to take the matter forward.

With early intervention often achieves a settlement between you and your employer without the need to go to the Tribunal. If negotiation is unsuccessful , Giambrone’s employment lawyers can assist you in an employment tribunal case if necessary. We have an excellent success rate with regard to all types of employment-related claims, whether in the employment tribunal or through alternative dispute resolution. Our employment lawyers can reassure you and guide you through every step, so contact us here to get started.