What Is Discrimination at Work?
Discrimination happens when you are treated unfairly because of a protected characteristic. These are:
- Age
- Disability
- Gender reassignment
- Marriage & civil partnership
- Pregnancy & maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
If unfair treatment is linked to any of these, it may be unlawful.
Types of Discrimination Explained
1. Direct Discrimination
When someone is treated worse because of a protected characteristic. Example: not promoting someone because they are pregnant.
2. Indirect Discrimination
When a policy applies to everyone but disadvantages a particular group. Example: requiring all staff to work late evenings, disadvantaging parents or carers.
3. Harassment
Unwanted behaviour that creates a hostile, degrading, or offensive environment. Example: racist jokes, sexist comments, mocking disability.
4. Victimisation
Punishing someone for raising concerns or supporting someone else's complaint. Example: being excluded after making a discrimination complaint.
5. Discrimination Arising From Disability
Unfair treatment because of something connected to a disability. Example: disciplining someone for disability related absence.
6. Failure to Make Reasonable Adjustments
Employers must support disabled employees by adjusting:
- Hours
- Duties
- Equipment
- Work environment
Failure to do so is unlawful.
Common Examples of Workplace Discrimination
- Being overlooked for promotion
- Being paid less than colleagues
- Being excluded from meetings or opportunities
- Offensive comments or jokes
- Disciplinary action linked to disability or pregnancy
- Unfair performance reviews
- Being forced out of your role
- Dress codes that disadvantage certain groups
Discrimination can be subtle, systemic, or overt.
Your Rights Under the Equality Act 2010
1. Equal Treatment
Employers must treat all employees fairly and consistently.
2. A Safe and Respectful Workplace
You must not be subjected to harassment or hostility.
3. Reasonable Adjustments (If You Have a Disability)
Employers must take steps to remove barriers.
4. Protection From Victimisation
You cannot be punished for raising concerns.
5. A Fair Process
If you raise discrimination concerns, your employer must investigate properly.
How to Recognise Discrimination
Behavioural Signs
- Being singled out
- Being treated differently from colleagues
- Sudden negative treatment after disclosing pregnancy or disability
Structural Signs
- Policies that disadvantage certain groups
- Lack of diversity in senior roles
- Inconsistent application of rules
Emotional Signs
- Feeling excluded
- Anxiety or stress
- Loss of confidence
What Employers Must Do
Employers have a legal duty to:
- Prevent discrimination
- Investigate complaints
- Train managers
- Apply policies consistently
- Make reasonable adjustments
- Protect employees from retaliation
Failure to do so may be unlawful discrimination.
How to Report Discrimination
1. Keep Evidence
Record:
- Dates
- Times
- What happened
- Witnesses
- Emails or messages
2. Raise Concerns Informally (Optional)
Speak to:
- Your manager
- HR
- A trusted colleague
3. Raise a Formal Grievance
A grievance forces your employer to:
- Investigate
- Provide a written outcome
- Take action
4. Escalate If Necessary
You may be able to:
- Appeal
- Claim discrimination
- Claim constructive dismissal
- Take legal action
When Discrimination Becomes Constructive Dismissal
If discrimination creates a hostile environment that forces you to resign, you may have a claim for constructive dismissal.
How to Protect Yourself
- Keep detailed records
- Save messages and emails
- Follow up conversations in writing
- Request reasonable adjustments
- Seek support early
- Raise concerns formally if needed
Discrimination FAQs
- Evidence helps, but your employer must still investigate
- Indirect discrimination is often unintentional but still unlawful
- Complaining about discrimination cannot lead to dismissal
- Patterns of subtle behaviour can still be unlawful
- Keep records of every incident
- Seek support early
- Raise a formal grievance if informal steps fail
- Get expert guidance before escalating