How to challenge discrimination at work?

Challenging discrimination at work involves a structured approach, starting with internal informal resolution and escalating to formal procedures and potentially legal action if necessary.

How to Challenge Discrimination at Work?

Successfully challenging discrimination in the workplace requires understanding your rights and following a clear process, from direct communication with your employer to seeking external legal remedies.

Understanding Workplace Discrimination

Workplace discrimination occurs when an employer treats an employee or job applicant unfavourably because of a protected characteristic. These characteristics often include:

• Age
• Disability
• Gender Reassignment
• Marriage and Civil Partnership
• Pregnancy and Maternity
• Race (including colour, nationality, ethnic or national origin)
• Religion or Belief
• Sex
• Sexual Orientation

Understanding which characteristic applies to your situation is the first step in building a case.

Step-by-Step Guide to Challenging Discrimination

The process of challenging discrimination typically follows a progression, beginning with internal resolution and moving to external legal channels if internal efforts are unsuccessful.

1. Informal Resolution: Addressing Concerns Directly

The initial and often most effective step is to complain informally to your employer. This approach can resolve issues quickly without escalating to formal procedures.

• Direct Communication: Speak to your line manager, HR department, or a senior colleague you trust. Clearly explain the discriminatory behaviour, how it affected you, and what outcome you are seeking.
• Be Specific: Provide details such as dates, times, specific incidents, and the names of individuals involved.
• Keep Records: Even during informal discussions, it's crucial to make a note of conversations, including dates, names of people present, and any agreed actions. This documentation can be vital if the issue escalates.
• Seek Support: You might consider bringing a colleague or a union representative (if applicable) to any informal meetings for support.

2. Formal Internal Process: Raising a Grievance

If informal attempts do not resolve the issue, or if the situation is too serious for informal handling, the next step is to raise a grievance using your employer's grievance procedures. Most employers have a formal process for handling complaints.

• Consult Company Policy: Familiarise yourself with your employer's grievance policy, usually found in the employee handbook or on the company intranet. This outlines the specific steps, forms, and timelines.
• Submit a Formal Grievance Letter: Write a detailed letter outlining your complaint. Include:
  • A clear statement that you are raising a formal grievance.
  • Specific details of the discriminatory acts, including dates, times, locations, and individuals involved.
  • How these actions constitute discrimination based on a protected characteristic.
  • Evidence you have gathered (e.g., emails, messages, witness statements).
  • What outcome you are seeking (e.g., an apology, investigation, disciplinary action against the perpetrator, changes in policy).
• Attend a Grievance Hearing: Your employer will typically invite you to a formal meeting to discuss your grievance. You have the right to be accompanied by a colleague or trade union representative.
• Receive a Decision: After the hearing, your employer should provide a formal response to your grievance, usually in writing, outlining their findings and any actions they plan to take.
• Appeal if Necessary: If you are not satisfied with the outcome, most grievance procedures include a right to appeal the decision.

3. External Action: Making an Employment Tribunal Claim

If internal processes do not resolve the discrimination, or if the discrimination is severe and ongoing, you may need to make a claim to the Employment Tribunal. This is a legal step that should be considered after exhausting internal avenues or if there are strict time limits approaching.

• Acas Early Conciliation: In the UK, before making a claim to an Employment Tribunal, you must contact Acas (Advisory, Conciliation and Arbitration Service) for Early Conciliation. Acas is a free, impartial service that helps resolve workplace disputes without the need for a tribunal. They will offer to contact your employer to see if a settlement can be reached.
  • Hyperlink: Acas Early Conciliation
• Time Limits: There are strict time limits for making an Employment Tribunal claim, usually three months less one day from the date the discriminatory act occurred. It's crucial not to miss this deadline.
• Submitting a Claim: If Early Conciliation is unsuccessful, Acas will issue a certificate, allowing you to submit a claim to the Employment Tribunal. This involves completing a form (ET1) detailing your claim.
  • Hyperlink: Making an Employment Tribunal Claim (GOV.UK)
• Legal Advice: Seeking advice from an employment lawyer, Citizens Advice, or a trade union is highly recommended before pursuing an Employment Tribunal claim, as the process can be complex.
  • Hyperlink: Citizens Advice - Discrimination at Work

Key Considerations for Challenging Discrimination

When challenging discrimination, several factors can significantly impact the strength of your case and your well-being.

Gathering and Preserving Evidence

Thorough documentation is paramount at every stage.

• Keep a Detailed Log: Maintain a private, chronological record of every incident, including dates, times, locations, exact words used, actions taken by others, and your immediate reactions or feelings.
• Save Communications: Keep copies of relevant emails, text messages, voicemails, or other correspondence.
• Identify Witnesses: Note down any colleagues or others who witnessed incidents or have knowledge of the discrimination. Be aware that some witnesses may be reluctant to get involved.
• Medical Records: If the discrimination has impacted your health, medical records or doctor's notes can serve as evidence.

Seeking Professional Guidance

Navigating discrimination claims can be complex and emotionally taxing.

• Legal Professionals: An employment lawyer can advise on the strength of your case, legal options, and represent you in tribunal proceedings.
• Trade Unions: If you are a member, your trade union can offer advice, support, and representation throughout the grievance process and potentially at a tribunal.
• Advisory Services: Organisations like Acas or Citizens Advice provide free, impartial advice on employment rights and discrimination.

Understanding Your Rights and Protections

It is illegal for an employer to victimise someone for raising a discrimination complaint or supporting a colleague's complaint. This means they cannot treat you unfairly (e.g., demote you, deny promotion, dismiss you) because you have engaged in a protected act.

Summary of Actions

Remember to gather evidence and seek professional guidance at every stage to strengthen your position and protect your rights.