Reporting Workplace Discrimination

Every worker in the UK has the legal right to carry out their duties in a fair, safe environment free from prejudice, hostility, and bias. Under the Equality Act 2010, employers have a statutory duty to protect staff from unlawful discrimination in all aspects of employment, including recruitment, training, pay, promotions, working conditions, and dismissal. If you experience unfair treatment at work because of who you are, knowing your legal protections empowers you to take decisive action.

The 9 Protected Characteristics

The Equality Act 2010 makes it illegal to discriminate against anyone because of nine specific protected characteristics:

1. Age
2. Disability (physical or mental impairment with substantial long-term effect)
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 (including philosophical beliefs and lack of belief)
8. Sex
9. Sexual Orientation

The 4 Main Types of Discrimination

Discrimination can manifest in different ways across the workplace:

1. Direct Discrimination Treating an employee less favourably than others directly because of a protected characteristic (for example, refusing to promote a qualified employee because of their race or age).

2. Indirect Discrimination Applying a company policy, rule, or practice that applies to all employees equally, but puts people sharing a protected characteristic at a particular disadvantage without a proportionate, objective business justification.

3. Harassment Unwanted conduct related to a protected characteristic that has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive working environment.

4. Victimisation Subjecting an employee to detrimental treatment because they have submitted a discrimination complaint, raised a grievance, or supported a colleague's discrimination claim.

Duty to Make Reasonable Adjustments for Disabled Staff

Employers have an additional affirmative legal duty to make 'reasonable adjustments' for job applicants and staff with disabilities. Adjustments might include altering working hours, providing specialised equipment, modifying duties, or adapting physical premises.

Step-by-Step Guide to Reporting Workplace Discrimination

1. Keep Detailed Records and Evidence Start documenting every incident as soon as it occurs. Record dates, exact times, locations, details of what was said or done, names of individuals involved, and any colleagues who witnessed the event. Save relevant emails, text messages, or performance reviews.

2. Informal Resolution If you feel safe doing so, consider speaking informally to your line manager, HR department, or workplace trade union representative. Explain clearly how the behaviour breaches equality principles and ask for it to stop.

3. Formal Internal Grievance If informal steps do not resolve the matter, file a formal written grievance following your company's grievance procedure. Your letter should outline the facts, cite the Equality Act 2010, and explain the outcome you seek. Your employer must investigate and hold a grievance meeting in accordance with the Acas Code of Practice.

4. Acas Early Conciliation If your employer fails to address the grievance satisfactorily, you must contact Acas before taking legal action. Acas offers free, independent Early Conciliation to resolve disputes out of court. Notify Acas online at acas.org.uk or telephone 0300 123 1100.

5. Submitting an Employment Tribunal Claim If conciliation is unsuccessful, Acas will issue a certificate allowing you to lodge a claim (form ET1) with the Employment Tribunal.

Strict Time Limit: You must initiate Acas Early Conciliation within 3 months minus 1 day from the date the discriminatory act took place (or the last in a series of connected acts).