Workplace discrimination happens when someone is treated unfairly because of who they are. It’s not just unfair—it’s also against the law. This guide explains what workplace discrimination is, gives examples, and shows you how to protect your rights if you face it.
What Is Discrimination?
Discrimination means being treated unfairly or differently because of certain personal characteristics. In the UK, the Equality Act 2010 protects people from discrimination at work.
Protected characteristics include:
Age
Disability
Gender reassignment
Marriage or civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Discrimination can happen to anyone and in many ways, some of which might be hard to spot at first.
Examples of Discrimination at Work
1. Direct Discrimination
This happens when someone is treated worse than others because of a protected characteristic.
Example:
A company refuses to hire someone because they are over 50, even though they are qualified.
An employee isn’t promoted because of their gender, despite being the best candidate.
2. Indirect Discrimination
This happens when a workplace policy or rule applies to everyone but unfairly affects a certain group of people.
Example:
A company introduces a rule that all employees must work late evenings. This might disadvantage employees with young children or religious commitments.
3. Harassment
Harassment is unwanted behavior that makes someone feel intimidated, offended, or humiliated.
Example:
A coworker makes jokes about someone’s religion or race, creating a hostile work environment.
An employee is repeatedly mocked or excluded because of their disability.
4. Victimisation
This happens when someone is treated badly because they complained about discrimination or helped someone else make a complaint.
Example:
An employee reports harassment and is then excluded from meetings or given fewer opportunities at work.
5. Discrimination During Recruitment
Discrimination can happen even before someone starts a job.
Example:
A job advert says, “Applicants must be under 30,” which excludes older candidates unfairly.
A candidate with a disability isn’t offered reasonable adjustments during the interview process.
6. Discrimination in Pay or Benefits
This happens when employees are paid unfairly or given different benefits because of a protected characteristic.
Example:
Male employees are paid more than female employees for doing the same job.
A part-time worker (often women or carers) is excluded from bonus schemes.
7. Pregnancy and Maternity Discrimination
Employees are protected from unfair treatment due to pregnancy or taking maternity leave.
Example:
A pregnant employee is told they won’t be considered for promotion because they’ll be on leave soon.
An employee returning from maternity leave is demoted to a less senior role without any justification.
What to Do If You Face Workplace Discrimination
If you believe you’re being discriminated against, here’s how to handle it:
1. Document Everything
Write down what happened, when it happened, and who was involved.
Keep copies of emails, messages, or any other evidence.
2. Raise the Issue
Speak to your manager or HR department about the problem.
Be clear about what happened and why you believe it’s discrimination.
3. File a Grievance
If your complaint isn’t resolved informally, follow your workplace grievance procedure to file a formal complaint.
4. Seek Legal Advice
Consult an employment solicitor or contact organizations like ACAS for free advice.
A legal expert can help you understand your options and whether you have a strong case.
5. Take Legal Action
If discrimination continues or isn’t resolved, you can make a claim to an Employment Tribunal.
Claims must usually be filed within three months of the discrimination happening.
Protecting Yourself
Discrimination is never acceptable, and the law is on your side. To protect yourself:
Know Your Rights: Learn about the Equality Act and how it applies to you.
Speak Up: Don’t stay silent about unfair treatment.
Get Support: Talk to a union representative, legal advisor, or workplace support group.
Workplace discrimination can take many forms, from unfair treatment to harassment. By knowing the signs and understanding your rights, you can take steps to protect yourself and seek justice.
If you’re facing discrimination, reach out to an employment lawyer or advisor to explore your options and make sure your voice is heard.
For more guidance on workplace rights, check our Helpful Guides section.
