July 3, 2023
Advice for employees
What is unfair discrimination?
Discrimination is the unfair treatment of someone because of certain characteristics people have, meaning they belong to a particular group, for example, negative treatment to groups of people in office because of certain characteristic.
Some examples of discrimination include:
- Age discrimination
- Gender discrimination
- Disability discrimination
- Race discrimination
What does it involve?
Discrimination can take many forms and is not always easy to spot in the workplace. It could involve:
- Inappropriate jokes,
- Bullying and harassment,
- Not making job positions available for people due to certain characteristics.
Has it taken place?
- The Equality Act 2010 is the current legislation protecting individuals from discrimination at work.
- Ask yourself these questions to ascertain whether discrimination has taken place:
- Why have you been treated unfairly- is it because you belong to a particular group?
- Who is treating you unfairly?- it is only unlawful if the discrimination is from certain people, including healthcare providers, government authorities or even schools, colleges and universities
- What is the treatment?- it is important to identify what type of discrimination it is
What is the right action?
- It is important to think about how quickly you want to achieve a result, and what you want the result to be.
- Would you like an apology, for things to be put right or financial compensation?
- You may wish to try to resolve your complaint in an informal manner first, either through a complaint or talking to your peers or human resources department. This is a less costly option than court claims.
- If this still doesn’t work, you can try arbitration or mediation, where an independent person helps both parties reach an agreement.
Claims to the Employment Tribunal.
- If you are still unhappy, you can take court action, by making a claim to the Employment Tribunal.
- However, before you can make a claim you must tell ACAS (Advisory, Conciliation and Arbitration Service).
- ACAS will then give you the chance to settle the claim using their early conciliation service, without the need to take matters to tribunal.
- It should be noted that pursing matters with the Employment Tribunal can often be a stressful and costly process.
- It is also important to note that there are time limits on which to bring a claim, usually around 3 months from the date the discrimination took place.
- You do not have to pay a fee to make a claim to the Employment Tribunal, however you may need to pay witness expenses and the associated costs of the people/company you are claiming against, if it is decided that you have acted unreasonably.
- If you win your case, the Employment Tribunal can make various orders such as providing you with compensation, giving you your job back or make directions to improve your working conditions.
Advice for employers
- There are two ways for you to deal with discrimination complaints; either dealing with the complaint informally (e.g. by talking with the individual privately, offering mediation etc) or using internal grievance procedures.
- If a worker complains to you, it is important to try and use alternative methods of dispute resolution.
- Whatever the outcome, you must ensure that you do not treat the worker who complained unfavourably. Forcing them to leave the company, transfer to another department or denying them advancement opportunities may amount to victimisation.
- Defending claims in the Employment Tribunal can be a lengthy process, therefore it is wise to attempt to investigate and settle matters before a claim is used.
Our team of Employment Lawyers would be happy to assist and provide further advice. If you need any help in understanding your rights in relation to discrimination as an employer or employee, please contact us at 0121 705 7571 and ask to speak to a member of the Employment team or email us at employment@wallacerobinson.co.uk
Uzma Rasool
Trainee Solicitor – Wills and Probate Department
This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.







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