Workplace Discrimination Solicitors
Workplace discrimination is a serious issue that affects employees across the UK.
Whether it’s subtle biases or obvious unfair treatment based on race, gender, age, disability, sexual orientation, or other protected characteristics, discrimination can create a toxic work environment that affects your career and well-being.
No one should have to go through such injustice, yet many employees find themselves dealing with these challenges daily.
Discrimination in the workplace can take many forms, being passed over for promotions, receiving unequal pay, facing unwarranted disciplinary actions, or even experiencing harassment. These experiences can be isolating and stressful. Worse still, many employees worry about the repercussions of speaking out, such as losing their jobs or facing further mistreatment.
At Lawhive, our goal is to give you the knowledge and support you need to stand up against workplace discrimination. Our network of specialist employment solicitors has extensive experience in handling discrimination cases and is on hand to provide clear actionable advice for your circumstances.
From initial consultations to gathering evidence and representing you in tribunal or court proceedings, we provide comprehensive support to ensure your case is handled professionally and effectively.
Contact us today for a free case evaluation and quote for the services of a specialist lawyer.
What is workplace discrimination?
Workplace discrimination is when an employee or job applicant is treated unfairly or less favourably due to a characteristic protected by law.
The Equality Act 2010 is the primary legislation in the UK that outlines what constitutes unlawful discrimination. It protects individuals from discrimination based on specific protected characteristics, which include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Types of workplace discrimination
Type | Definition | Example |
|---|
Direct Discrimination | When someone is treated less favourably than others because of a protected characteristic | Refusing to promote an employee because of their race or gender |
Indirect Discrimination | When a company policy, practice, or rule that applies to everyone disproportionately disadvantages people with a particular protected characteristic. | A company policy requiring all employees to work full-time could disproportionately affect women who are more likely to have childcare responsibilities and need flexible hours. |
Harrassment | Unwanted behavior related to a protected characteristic that creates a hostile, intimidating, or offensive environment | Making derogatory jokes about someone’s religion or sending offensive emails |
Victimisation | When someone is treated badly because they have made a complaint of discrimination or supported someone else’s complaint | An employee is demoted after filing a grievance about discrimination or supporting a colleague’s discrimination claim. |
What are protected characteristics?
The Equality Act 2010 defines specific characteristics as protected against discrimination. These include:
Examples of workplace discrimination
Workplace discrimination can manifest in various ways, impacting employees at different stages of their employment.
Here are some common scenarios and examples of workplace discrimination:
Scenarios | Example |
Hiring and recruitment | An employer might reject job applications from candidates of a certain race or gender, even if they meet all the job requirements. Additionally, job advertisements that specify preferred ages, genders, or ethnic backgrounds can also be discriminatory. |
Pay and benefits | Two employees performing the same job may receive different salaries or benefits based on their gender or race. For instance, a female employee might be paid less than a male counterpart for the same role, which constitutes gender discrimination. |
Promotions and career advancement | An employer might overlook a qualified employee for a promotion because of their age, disability, or other protected characteristic. This could involve promoting a younger, less experienced candidate over an older, more experienced one solely based on age. |
Harassment or bullying | An employee might face derogatory remarks, offensive jokes, or unwanted physical contact because of their race, gender, or sexual orientation. Such behavior creates a hostile work environment and constitutes harassment. |
Inappropriate handling of maternity or parental leave | A pregnant employee might be denied the right to take maternity leave or might face demotion or termination after returning from leave. Similarly, an employee requesting paternity leave might be unfairly treated or face job loss. |
Inaccessible workplaces or lack of reasonable accommodations for disabilities | An employer might fail to provide necessary accommodations for a disabled employee, such as wheelchair ramps, modified workstations, or flexible working hours. This can make it difficult or impossible for the employee to perform their job duties effectively. |
How to address workplace discrimination
If you, or another colleague, is subject to workplace discrimination you should first raise your concerns with either your immediate supervisor or HR through your company's formal grievance procedure.
If internal reporting does not resolve the issue, you may consider seeking external support and advice either through:
If internal and external resolutions fail, you may file a claim with an Employment Tribunal. This legal body resolves disputes between employees and employers over employment rights.
Typically, you have three months less one day from the date of the discriminatory act to submit your claim.
At Lawhive, our network of experienced workplace discrimination lawyers is on hand to provide clear, actionable advice and help you understand your legal rights and the protections available to you.
Contact us today for a free case evaluation and a personalised quote for the help of a specialist workplace discrimination lawyer.
What is the difference between direct and indirect discrimination?
Direct discrimination occurs when someone is treated less favourably due to a protected characteristic.
Indirect discrimination happens when a policy applies to everyone but disproportionately affects those with a protected characteristic.
How do I know if I'm being discriminated at work?
It's not always easy to spot workplace discrimination, especially when it's subtle or systemic.
Key signs of workplace discrimination can include:
Being treated less favourably than your colleagues;
Experiences of witnessing hostile, intimidating, or offensive behaviour;
Being paid less than colleagues who perform the same job or have similar qualifications and experience;
Being consistently overlooked for promotions or career advancement despite having the qualifications and performance to warrant it;
Being closely monitored or unfairly criticised more than others without any justifiable reason;
Being given an unreasonable workload or being assigned the least desirable tasks more frequently than others.
If you're unsure whether you have a viable workplace discrimination claim, a solicitor can assess your situation and explain your legal rights and protections available to you.
What are my rights if I am discriminated against during the hiring process?
You have the right to be treated fairly and equally during the hiring process.
Discrimination based on protected characteristics is illegal, and you may file a complaint or take legal action if you face such discrimination.
Can I claim compensation for discrimination at work?
Yes, if your discrimination claim is successful, you may be entitled to compensation for lost earnings, emotional distress, and other related damages.
What evidence do I need to support a discrimination claim?
Types of evidence you can use to support a discrimination claim include:
Detailed records of incidents including the date, time, location, and individuals involved;
Emails, text messages, and voicemails;
Performance appraisals, commendations, and any documentation showing your work performance and achievements;
Records of disciplinary actions taken against you;
Witness statements from colleagues, clients, or customers.
How long do I have to file a discrimination claim with an Employment Tribunal?
Generally, you have three months from the date of the discriminatory act to file a claim with an Employment Tribunal.
How does the Employment Tribunal process work for discrimination claims?
Before submitting a claim to the Employment Tribunal, you should notify Acas as they will offer you and your employer the opportunity through early conciliation.
If conciliation is unsuccessful or either party declines to participate, ACAS will issue a certificate. You need this certificate to proceed with an Employment Tribunal claim.
Once you have a Certificate of Conciliation, you can submit your claim by completing the ET1 form, which can be done online.
When your claim is submitted, your employer will get a copy and must respond by filing an ET3 form within 28 days, which essentially provides their version of events and any defences they have against your claim. If they don't, this could result in a default judgment in your favour.
Before the tribunal hearing, both you and your employer will have to disclose all documents relevant to the case.
A full hearing will then be scheduled, which is typically conducted by a panel including an employment judge and two 'lay members,' who bring expertise from the workplace or employee perspectives.
After hearing the evidence and arguments, the tribunal will deliberate and make a decision. This can be delivered immediately after the hearing or reserved to be provided in writing later.
The tribunal will issue a written judgment outlining their decision and the reasons behind it. If you win your claim, the judgment will include details of any compensation or remedies awarded.
What are the potential outcomes of a successful discrimination claim?
Potential outcomes of a successful discrimination claim include:
Financial compensation
You may receive compensation for:
Financial losses directly caused by the discrimination;
Emotional distress and loss of enjoyment of life;
Malicious conduct (if the discrimination involved particularly malicious or oppressive behavior).
In rare cases, where the employer’s conduct was particularly egregious or involved a flagrant disregard for your rights, punitive damages may be awarded to punish the employer and deter future misconduct.
If you were unfairly dismissed due to discrimination, the tribunal might order your reinstatement to your former position or, if reinstatement is not feasible, re-engagement in a comparable role within the company.
The tribunal may also order your employer to make changes to workplace policies and practices to prevent future discrimination. This can include revising anti-discrimination policies, implementing training programs, or modifying complaint procedures.
Declaratory and injunctive relief
In some cases, the tribunal may issue a declaration affirming that discrimination happened, providing official recognition of the wrongful treatment you experienced.
Or, the tribunal may issue injunctions requiring the employer to stop harassment, discriminatory policies, or any other harmful actions.
What should I do if I am retaliated against for reporting discrimination?
Under the Equality Act 2010, you are protected from retaliation for reporting discrimination or participating in an investigation. This protection extends to making complaints internally or externally and supporting others who report discrimination.
Retaliation can include termination, demotion, unfavorable work assignments, reduced hours, harassment, or creating a hostile work environment.
If you are retaliated against for reporting discrimination, you should seek external support from either Acase, your trade union representative, or an employment law solicitor.
You may be able to file a further claim with an Employment Tribunal in such cases.
How can a solicitor help with workplace discrimination claims?
Experiencing workplace discrimination can be deeply unsettling. Many employees worry about whether they have a valid case and how they can go about tackling the issue without making it work.
A solicitor specialising in workplace discrimination cases can be an invaluable ally in getting through such a difficult situation. Their expertise and support can help you:
Understand whether the treatment you're experiencing at work constitutes discrimination under the law;
Understand your rights under the Equality Act 2010 and other relevant laws;
Identify the type of discrimination you're facing and how it relates to protected characteristics;
Gather and organise evidence to support your claim;
Draft formal documents required for your claim, such as grievance letters, tribunal appplications, and statements of case;
Assess the financial impact of discrimination;
Negotiate a settlement agreement with your employer;
Prepare and submit your claim to an employment tribunal;
Represent you at an employment tribunal.
How should employers handle complaints of discrimination?
To effectively handle complaints of workplace discrimination employees should:
Acknowledge complaints as soon as they are received and start investigating without delay.
Appoint a neutral and trained person to handle the complaint.
Ensure that the investigation and any subsequent actions are free from bias.
Treat both the complainant and the accused fairly and with respect
Make decisions that align with the company’s anti-discrimination policies and past practices.
If the complaint is substantiated, take appropriate disciplinary action against the responsible party.
Why choose Lawhive?
At Lawhive, our network of employment lawyers offers end-to-end support from from initial consultations to tribunal representation and beyond.
We offer clear, upfront pricing with no hidden fees, making expert legal support accessible to everyone and handle your case with the utmost confidentiality and professionalism.
Contact us today for a free case evaluation and a tailored quote for our services.