A Guide to Understanding Workplace Discrimination for Employees

Workplace discrimination can be an extremely distressing experience, leaving employees feeling undervalued, isolated, and uncertain about their rights. However, understanding the complexities of workplace discrimination and knowing the options available to you is the first step toward resolving such issues. At RDC Solicitors, our team of employment law specialists is here to provide you with the practical advice and support you need during these challenging times.

What is Workplace Discrimination?

Workplace discrimination occurs when an employee is treated unfairly or less favourably due to certain characteristics protected by law. In the UK, the Equality Act 2010 identifies several protected characteristics including; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity leave, race, religion or belief, sex, and sexual orientation.

According to law, these are all called ‘protected characteristics’ and discrimination based on any of them is usually against the law. Discrimination can manifest in various ways, including hiring practices, promotions, pay disparities, workplace policies, or how colleagues and management treat an individual.

Types of Discrimination

Discrimination in the workplace can take several forms:

Direct Discrimination

This occurs when someone is treated less favourably than others because of a protected characteristic. For example, not being considered for a promotion due to your age or gender.

Indirect Discrimination

Indirect discrimination happens when a company policy or practice, while seemingly neutral, puts individuals with a particular protected characteristic at a disadvantage. For example, requiring employees to work late may indirectly discriminate against parents with childcare responsibilities.

Harassment

Harassment involves unwanted behaviour related to a protected characteristic that creates an intimidating, hostile, or degrading environment. This can include offensive jokes, comments, or actions.

Victimisation

Victimisation occurs when an employee is treated unfairly because they made a complaint about discrimination or supported someone else’s complaint.

What Can I do About Discrimination at Work?

If you think you’ve been unfairly discriminated against at work, there are several actions you can take.

Keep a Record: Document incidents of discrimination, including dates, times, locations, and any witnesses. This record can be invaluable when building your case.

Raise the Issue Informally: If you feel comfortable, speak to your manager or HR department about your concerns. Sometimes, issues can be resolved without formal proceedings.

File a Formal Grievance: If informal discussions do not resolve the matter, consider submitting a formal grievance through your employer’s grievance procedure.

Seek Legal Advice: Contact our team at RDC Solicitors for guidance on your next steps. We can help you assess the strength of your claim and determine the best course of action. This could include ‘mediation’ or ‘alternative dispute resolution’ to help resolve the issue, or to make a claim in a court or tribunal.

It’s worth bearing in mind that you usually have 3 months to make a claim following the problem happening. Before you make a claim to an employment tribunal, you must contact Acas (Advisory, Conciliation and Arbitration Service). The time limit for making a claim is put on hold while Acas helps you with your dispute. You’ll be offered the chance to try and settle the dispute without going to tribunal by using Acas’s free ‘early conciliation’ service, but if this doesn’t work Acas will send you an early conciliation certificate which you can use to make a claim to the tribunal.

How RDC Solicitors Can Help

At RDC Solicitors, we understand the emotional and professional toll workplace discrimination can take. Our team is dedicated to helping employees navigate this difficult terrain with compassion and expertise. Whether you’re uncertain about your rights, need advice on how to approach your employer, or are considering legal action, we are here to guide you every step of the way.

We aim to minimise potential conflict while ensuring your rights are protected. Our services include:

Initial Consultation

We will listen to your concerns and provide clear, practical advice tailored to your specific situation.

Legal Representation

If necessary, we can represent you in negotiations with your employer or in Employment Tribunal proceedings.

Workplace discrimination is not only unlawful but also unacceptable. At RDC Solicitors, we are dedicated to helping employees understand their rights and take action to address unfair treatment. Whether you need advice, support, or representation, our team is ready to assist. If you are being unfairly discriminated against at work and are considering taking legal action against your employers, call us on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.