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Workplace Discrimination

Introduction

Workplace discrimination can affect employees at any stage of their career and can have a significant impact on confidence, wellbeing, and career progression.

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Many employees are unsure whether the treatment they are experiencing amounts to discrimination or what steps they should take if they believe they are being treated unfairly because of a personal characteristic.

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Understanding what workplace discrimination looks like and knowing how to respond can help you protect your rights and address concerns appropriately.

What Is Workplace Discrimination?

 

Workplace discrimination occurs when an employee is treated unfairly because of a protected characteristic.

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Protected characteristics include:

  • Age

  • Disability

  • Gender reassignment

  • Marriage and civil partnership

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

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Discrimination can occur during recruitment, employment, promotion opportunities, training, disciplinary processes, grievances, and dismissal.

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Examples of workplace discrimination may include:

  • Being denied promotion opportunities

  • Receiving unfair treatment compared to colleagues

  • Being excluded because of a protected characteristic

  • Offensive comments, jokes, or behaviour

  • Unfair disciplinary action

  • Failure to make reasonable adjustments for a disability

  • Being treated differently during pregnancy or maternity leave

  • Being overlooked for training or development opportunities

  • Harassment related to a protected characteristic

  • Victimisation after raising discrimination concerns

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Not every unfair workplace decision will amount to discrimination. However, where treatment is connected to a protected characteristic, it should be taken seriously.

What Counts as Workplace Discrimination?

 

Many employees are unsure whether the treatment they are experiencing amounts to discrimination.

Workplace discrimination occurs when an employee, worker, or job applicant is treated unfairly because of a protected characteristic. This can happen during recruitment, employment, promotion opportunities, training, performance management, disciplinary procedures, grievances, redundancy processes, or dismissal.

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Discrimination is not always obvious. In some cases, it may involve direct comments or decisions. In others, it may be more subtle and develop over time through patterns of behaviour.

Examples of workplace discrimination may include:

  • Being denied promotion opportunities because of your age, sex, race, disability, or another protected characteristic

  • Receiving less favourable treatment than colleagues in similar circumstances

  • Being excluded from meetings, projects, or workplace opportunities

  • Offensive comments, jokes, stereotypes, or behaviour

  • Being treated unfairly during disciplinary or grievance procedures

  • Failure to make reasonable adjustments for a disability

  • Unfair treatment during pregnancy, maternity leave, or upon returning to work

  • Being overlooked for training or development opportunities

  • Harassment linked to a protected characteristic

  • Victimisation after raising concerns about discrimination

Not every unfair workplace decision amounts to discrimination. However, where treatment is linked to a protected characteristic, it should be taken seriously and investigated appropriately.

Protected Characteristics Under UK Law

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The Equality Act 2010 protects individuals from discrimination based on specific characteristics.

Protected characteristics include:

  • Age

  • Disability

  • Gender reassignment

  • Marriage and civil partnership

  • Pregnancy and maternity

  • Race

  • Religion or belief

  • Sex

  • Sexual orientation

Employers have a responsibility to ensure employees are not treated unfairly because of these characteristics.

Discrimination can occur regardless of whether the behaviour is intentional. What matters is the effect the treatment has and whether it is connected to a protected characteristic.

Types of Workplace Discrimination

 

Workplace discrimination can take several forms.

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Direct Discrimination

Direct discrimination occurs when someone is treated less favourably because of a protected characteristic.

Example:

An employee is denied promotion because of their age.

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Indirect Discrimination

Indirect discrimination occurs when a workplace policy, rule, or practice disadvantages a group of people who share a protected characteristic.

Example:

A policy requiring all employees to work specific hours may disproportionately affect employees with certain religious commitments.

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Harassment

Harassment involves unwanted conduct related to a protected characteristic that creates an intimidating, hostile, degrading, humiliating, or offensive environment.

Example:

Repeated offensive comments about an employee's race, religion, disability, or sexual orientation.

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Victimisation

Victimisation occurs when someone is treated unfairly because they raised concerns about discrimination or supported someone else's complaint.

Example:

An employee is excluded from opportunities after raising a discrimination grievance.

Understanding the type of discrimination involved can help when gathering evidence and raising concerns.

Discrimination by a Manager

 

Many workplace discrimination concerns involve managers or senior leaders.

Examples may include:

  • Unfair allocation of work

  • Excluding employees from opportunities

  • Biased performance reviews

  • Unequal disciplinary action

  • Refusing reasonable adjustments

  • Inappropriate comments or assumptions

  • Unfair recruitment or promotion decisions

Because managers often influence progression, performance ratings, and workplace opportunities, discrimination by a manager can have a significant impact on an employee's career.

If you believe a manager is discriminating against you, it is important to document incidents carefully and retain any supporting evidence.

How to Prove Workplace Discrimination

 

One of the most common questions employees ask is how to prove discrimination.

Direct evidence is not always available. In many cases, discrimination is demonstrated through patterns of behaviour, inconsistent treatment, or documentary evidence.

Evidence may include:

  • Emails and messages

  • Witness statements

  • Meeting notes

  • Performance reviews

  • Promotion decisions

  • Recruitment records

  • Screenshots

  • Workplace policies

  • Records of complaints

  • Diary entries documenting incidents

When recording incidents, include:

  • The date and time

  • What happened

  • Who was involved

  • Any witnesses

  • Why you believe the treatment may be discriminatory

  • The impact the behaviour had on you

Creating a detailed timeline can help identify patterns that support your concerns.

Is Workplace Discrimination Illegal?

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Workplace discrimination related to a protected characteristic is unlawful under the Equality Act 2010.

Employers have a responsibility to prevent discrimination, harassment, and victimisation within the workplace.

If discrimination occurs, employers should investigate concerns promptly and take appropriate action where necessary.

Employees who believe they have been discriminated against may have formal internal options available through grievance procedures and may also wish to seek independent advice regarding their rights.

Steps to Address Workplace Discrimination

1

Identify the Behaviour

Consider whether the treatment may be connected to a protected characteristic.

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Ask yourself:

  • Are others being treated differently?

  • Has the behaviour happened more than once?

  • Is there a clear pattern?

  • Is the treatment linked to a protected characteristic?

 

Understanding the nature of the issue can help determine your next step

2

Record Incidents

Keep a record of any incidents that support your concerns.

This may include:

  • Emails and messages

  • Meeting notes

  • Witness details

  • Screenshots

  • Performance reviews

  • Recruitment or promotion decisions

  • Dates and times of incidents

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Creating a timeline can help demonstrate patterns of behaviour.

3

Review Workplace Policies

Most employers have policies covering:

  • Equality and diversity

  • Bullying and harassment

  • Grievances

  • Dignity at work

  • Employee conduct

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Review these policies to understand the process available for raising concerns.

4

Consider Informal Resolution

In some situations, concerns can be raised informally.

This might involve:

  • Speaking to the individual involved

  • Discussing concerns with your manager

  • Contacting Human Resources

  • Requesting support or mediation

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However, serious or ongoing discrimination may require formal action.

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Raise a Formal Grievance

If the issue cannot be resolved informally, you may decide to raise a formal grievance.

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Your grievance should include:

  • Details of the incidents

  • Dates and locations

  • Supporting evidence

  • Witness information

  • The impact on you

  • The outcome you are seeking

 

Keeping your grievance factual and structured can help your employer investigate effectively.

6

Seek Support and Monitor Outcomes

Following your complaint:

  • Keep records of ongoing events

  • Follow up on agreed actions

  • Monitor workplace behaviour

  • Document any victimisation or retaliation

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Support may also be available through employee assistance programmes, trade unions, workplace representatives, or professional advisers.

Employer Investigation and Response

If you raise concerns about discrimination, your employer should investigate the matter thoroughly.

This may involve:

  • Reviewing evidence

  • Interviewing witnesses

  • Holding meetings

  • Reviewing workplace records

  • Speaking with those involved

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You should receive a written outcome explaining:

  • The findings

  • Any actions taken

  • The reasons for the decision

What If You Believe the Issue Has Not Been Resolved?

If you feel your concerns have not been properly addressed, you may wish to:

  • Request a review

  • Appeal the outcome

  • Raise further concerns

  • Report victimisation or retaliation

  • Seek external advice

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Keep records of all communications and actions taken throughout the process.

Common Mistakes to Avoid

  • Delaying action when concerns arise

  • Failing to document incidents

  • Relying solely on verbal discussions

  • Ignoring workplace policies

  • Making broad allegations without examples

  • Failing to keep copies of evidence

  • Not seeking support when needed

How Marcas Can Help

Markus can support you if you believe you are experiencing workplace discrimination by helping you:

  • Understand potential discrimination concerns

  • Organise evidence

  • Build a timeline of incidents

  • Prepare a formal grievance

  • Draft grievance letters

  • Prepare for meetings

  • Review outcomes and next steps

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By taking a structured and factual approach, you can ensure your concerns are clearly presented and supported by relevant information.

Frequently Asked Questions About Workplace Discrimination

 

What is workplace discrimination?

Workplace discrimination occurs when an employee is treated unfairly because of a protected characteristic such as age, disability, race, religion, sex, pregnancy, or sexual orientation.

 

How do I know if I am being discriminated against at work?

Ask yourself whether you are being treated differently from colleagues in similar circumstances and whether the treatment may be connected to a protected characteristic. Patterns of behaviour, comments, decisions, or exclusions may all be relevant.

 

Can I raise a grievance for discrimination?

Yes. If you believe you have experienced workplace discrimination, you can usually raise a formal grievance through your employer's grievance procedure.

 

What evidence do I need to prove discrimination?

Useful evidence may include emails, messages, witness statements, performance reviews, recruitment records, promotion decisions, screenshots, and contemporaneous notes.

 

Can my manager discriminate against me?

Yes. Workplace discrimination can be carried out by managers, colleagues, senior leaders, contractors, or other individuals connected with your workplace.

 

What if there are no witnesses?

Many discrimination concerns occur in private. Even without witnesses, documentary evidence, emails, messages, patterns of behaviour, and contemporaneous records may still support your concerns.

 

What is the difference between discrimination and harassment?

Discrimination generally relates to unfair treatment because of a protected characteristic. Harassment involves unwanted conduct that creates an intimidating, hostile, degrading, humiliating, or offensive environment.

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Can I be treated unfairly for raising discrimination concerns?

Employees should not be victimised for raising genuine discrimination concerns. If you experience retaliation after making a complaint, you should document it carefully and raise further concerns where appropriate.

 

What happens after I submit a discrimination grievance?

Your employer should investigate the concerns, review evidence, interview relevant individuals, and provide a written outcome explaining any findings and actions taken.

 

How can Marcas help with workplace discrimination?

Marcas can help you assess potential discrimination concerns, organise evidence, build a timeline, prepare a grievance, draft correspondence, prepare for meetings, and understand your next steps.

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