What to Do if You Believe Your Employer is Discriminating Against You
Experiencing discrimination at work can be deeply distressing and can have significant impacts on both your professional and personal life. If you believe that your employer is discriminating against you, it’s crucial to understand your rights and the legal process available to you in the UK. This guide will walk you through the steps you should take if you find yourself saying, “My employer is discriminating against me.”
Understanding Discrimination
In the UK, discrimination in the workplace is illegal under the Equality Act 2010. This law protects you from unfair treatment based on specific characteristics, known as “protected characteristics.” These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Recognising Discrimination
Before taking action, it’s important to identify whether the treatment you’re experiencing falls under discrimination. There are several types of discrimination:
- Direct Discrimination: When you are treated less favourably than others because of a protected characteristic.
- Indirect Discrimination: When a workplace policy or practice puts you at a disadvantage compared to others who do not share your protected characteristic.
- Harassment: Unwanted behaviour related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
- Victimisation: When you are treated unfairly because you made a complaint of discrimination or supported someone else’s complaint.
Raising the Issue Internally
If you believe you are being discriminated against, the first step is usually to raise the issue internally. This can involve:
- Speaking to Your Manager or HR Department: It’s often advisable to discuss your concerns with your manager or HR department first. Sometimes, issues can be resolved informally.
- Submitting a Grievance: If an informal approach does not resolve the issue, you may need to submit a formal grievance. This involves detailing your concerns in writing and requesting an investigation.
- When submitting a grievance, be clear about the discrimination you are experiencing and provide any evidence you have, such as emails, witness statements, or documentation of incidents.
Exploring Mediation or Alternative Dispute Resolution
In some cases, your employer may suggest mediation or another form of alternative dispute resolution (ADR). Mediation is a voluntary process where an independent third party helps both sides reach a mutually acceptable solution. While not mandatory, ADR can be a less confrontational way to resolve disputes. At CP Law Associates, we have an in house mediation team that offer a free consultation.
Filing a Claim with the Employment Tribunal
If the discrimination issue cannot be resolved internally or through Early Conciliation, the next step may be to file a claim with the Employment Tribunal. It’s important to note that there are strict time limits for bringing a claim—usually within three months less one day from the date of the discriminatory act.
When filing a claim, you will need to:
- Complete an ET1 form, which sets out the details of your claim.
- Submit any evidence that supports your case, such as documentation, witness statements, and correspondence.
- Be prepared for the tribunal process, which may include a preliminary hearing and a final hearing where both sides present their cases.
To Summarise....
Saying “My employer is discriminating against me” is a serious and significant claim. The legal process for addressing workplace discrimination in the UK can be complex, but understanding your rights and the steps involved can empower you to take action. Whether through internal grievance procedures, mediation, or ultimately, the Employment Tribunal, there are avenues available to seek justice and ensure fair treatment in the workplace.
If you believe you are being discriminated against, seeking legal advice early in the process can be crucial to navigating the complexities of the law and protecting your rights.