No one should feel uncomfortable, overlooked, or mistreated at work. Yet sadly, discrimination is still a reality for many people - and it can have a huge impact on both employees and employers.
We regularly advise people on both sides of the issue of discrimination. Employees want to know if what they’re experiencing at work is unlawful discrimination, and employers want to understand how they can prevent problems in their workplace and deal with complaints fairly.
What exactly is discrimination at work?
Discrimination occurs when you are treated unfairly because of certain protected characteristics set out in the Equality Act 2010. These include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race (including colour, nationality, and ethnic or national origins), religion or belief, sex, and sexual orientation. If you experience unfair treatment at work that is connected to one of these characteristics, it could amount to unlawful discrimination.
It may not always be easy to pinpoint the exact type of discrimination that is being experienced. Here are some different types, with examples.
Direct discrimination:
This is when you are treated less favourably because of a protected characteristic. An example would be a younger candidate being chosen for a promotion over a more experienced applicant, just because the employer thinks the older person is ‘too old’ for the role.
Indirect discrimination:
This happens when a workplace rule or policy applies to everyone but also disadvantages a particular group. For example, a rule that requires all staff to work late shifts could indirectly discriminate against parents with childcare responsibilities.
Harassment:
This occurs when you experience unwanted behaviour related to your protected characteristic. A common example might be a colleague making offensive jokes about someone’s religion or sexual orientation, creating a hostile working environment.
Victimisation:
This is when you’re treated badly because you’ve complained about discrimination or supported a colleague who has. For example, being excluded from meetings or passed over for opportunities after you supported a co-worker’s grievance about racial discrimination. This also applies to employees who are being treated badly / less favourably because eg the employee has raised a grievance(s) - it is not exclusive to discrimination situations.
Real examples of very relatable situations:
Imagine a woman returning from maternity leave and being denied the chance to apply for promotion. Or think of an older worker being told they are ‘too close to retirement’ to be offered training opportunities. Discrimination can also affect disabled employees if they are not given reasonable adjustments to help them do their job. In other cases, it may involve a colleague facing unwanted comments about their religion or sexuality.
These situations don’t just harm the individuals involved. They damage trust, morale, and productivity across the workplace.
Advice for employees
If you believe you are experiencing discrimination at work:
If you feel you’re being treated unfairly, it can be intimidating to raise your concerns. The first step is to keep a clear record of what happened, noting dates, incidents, and who was involved. Speaking up early can sometimes resolve issues before they escalate - a quiet conversation with a manager or HR might be enough. If the problem continues, find out if your workplace has a grievance process that allows you to raise matters formally (most have these).
And if you’re unsure about whether what you’re experiencing is legally considered discrimination, getting advice from a solicitor can give you clarity and support with your next steps.
Steps that employees should follow:
- Keep detailed records. Write down incidents, dates, times, and names of any witnesses. Evidence is key if you need to raise a formal complaint.
- Use internal procedures. Most employers have a grievance process. Raising the issue formally can sometimes resolve the matter quickly.
- Seek support. Talk to trusted colleagues, trade union representatives, or occupational health if available. Discrimination can impact mental wellbeing as well as career progression.
- Get legal advice early. An employment solicitor can assess whether your treatment meets the legal definition of discrimination and guide you on the best course of action, including potential claims.
Click here for areas where we can advise you.
Advice for employers
For employers, prevention is always better than cure. Having clear, up-to-date equality and diversity policies in place - and making sure staff know about them - is essential.
Managers should be trained to spot potential issues and to deal with complaints properly. It’s also important to review recruitment processes, promotions, and workplace rules regularly, to make sure they don’t unintentionally disadvantage certain groups of staff. If an employee does raise a complaint, taking it seriously, investigating thoroughly, and treating everyone involved with respect is vital. A dismissive approach will only make matters worse and could lead to costly tribunal claims.
Make sure that you, as an employer:
Act promptly on complaints: Take all grievances seriously, investigate thoroughly, and keep communication open with the employee. Ignoring or minimising concerns can escalate issues and lead to tribunal claims.
Create an inclusive culture: Encourage respect and diversity so that employees feel valued, supported, and safe at work.
Read more about how Coles Miller can support businesses here.
How Coles Miller can help
For employees, we can explain your rights, assess whether you have a potential claim, and represent you if necessary.
For employers, we offer advice on compliance, drafting policies, handling grievances, and defending claims in the Employment Tribunal.
Discrimination at work can be complex and emotionally charged. Whether you are an employee seeking fairness, or an employer wanting to do the right thing and avoid risk, our Employment Law team can provide the support you need.
How discrimination can affect you
The impact of discrimination goes far beyond your career progression. It can affect your confidence, damage your mental health, and make the workplace feel hostile or toxic. Over time, this can create a difficult environment that prevents you from performing at your best and achieving your goals.
Our experienced team of solicitors
Our Employment Law team helps employees understand their rights, supports them through grievance processes, and represents them in claims where needed. For employers, we provide practical guidance on drafting policies, training managers, handling grievances fairly, and, if it comes to it, defending tribunal claims.
If you think you may be experiencing discrimination at work, contact our Employment Law team today for confidential advice.
