WORKPLACE ANSWER
What should I do if I think I am being discriminated against at work?
Understand what workplace discrimination can involve, what information to record and the options you can consider if you're concerned about how you've been treated.
Quick Answer
If you think you may have been treated unfairly in a way that involves a protected characteristic, or that a decision, rule or behaviour has disadvantaged you because of a protected characteristic, discrimination may be relevant. Start by recording what happened, why you think discrimination may be involved and any information that helps explain the situation. Depending on the circumstances, you may then consider raising the matter informally or formally.
You might choose to resolve the matter informally first by talking to your manager or HR to clarify the situation.
What Does Discrimination at Work Mean?
The Equality Act 2010 protects people against discrimination at work. Discrimination is not only about an employer deliberately treating someone badly because of a protected characteristic. It can also involve rules, decisions or behaviour that put someone at a disadvantage in connection with a protected characteristic. This page is designed to help you understand when discrimination might be relevant and what you can do next if you are concerned.
What Are the Protected Characteristics?
The Equality Act 2010 protects people from discrimination in relation to certain "protected characteristics". These are:
- Age – how old you are, including being younger or older than others
- Disability – a physical or mental impairment that has a substantial and long-term effect on your ability to carry out normal day-to-day activities
- Gender reassignment – being trans or proposing to undergo, undergoing or having undergone a process to change your gender
- Marriage and civil partnership – being married or in a civil partnership
- Pregnancy and maternity – being pregnant, on maternity leave or recently given birth
- Race – including colour, nationality and ethnic or national origins
- Religion or belief – including religious and philosophical beliefs, and lack of belief
- Sex – being a man or a woman
- Sexual orientation – being attracted to people of the same sex, the opposite sex or both
You do not need to know the legal detail of each characteristic before you can raise a concern, but it can help to think about whether one or more of these may be relevant to what has happened.
Different Types of Discrimination
Discrimination can take different forms. In broad terms:
- Direct discrimination is when someone is treated worse than others because of a protected characteristic.
- Indirect discrimination can happen when a rule, policy or way of doing things applies to everyone but puts people who share a protected characteristic, including you, at a particular disadvantage compared with others.
- Harassment is unwanted behaviour related to a protected characteristic that has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation is when someone is treated badly because they have raised a concern about discrimination, supported someone else’s complaint or done something else connected to the Equality Act.
Disability has some additional protections, including a duty on employers to consider reasonable adjustments and other forms of disability discrimination. The legal position depends on the circumstances, but understanding these broad types can help you recognise why discrimination might be relevant.
Is Unfair Treatment Always Discrimination?
No.
Being treated unfairly does not automatically mean discrimination has occurred. Workplace decisions and treatment can feel unfair without necessarily being unlawful discrimination. Think about what happened, why you believe discrimination may be involved and whether a protected characteristic or another form of discrimination protected by the Equality Act might be relevant.
For more general guidance on unfair treatment, you may want to read the WorkAnswers page on what to do if you are being treated unfairly at work.
Keep a Record of What Happened
Keeping a clear, factual record can help you understand what is going on and explain it if you decide to raise a concern. Try to note:
- Relevant dates and times
- What happened and what was said or done
- Any decisions that were made
- Who was involved
- Any witnesses, where relevant
- Emails, messages, letters or documents
- How the situation has affected you
- Any explanation given by your employer
- Why you think discrimination may be relevant
You do not need to prove conclusively that discrimination has occurred before you can raise a concern. The aim is to describe what has happened and why you are worried, in clear, factual terms.
What Can I Do If I Think Discrimination May Be Involved?
Depending on the circumstances, you may consider:
- Asking for clarification about what happened or how a decision was made
- Raising the issue informally with an appropriate person
- Speaking to your manager, another manager or HR
- Getting support from a trade union representative, if you have one
- Raising the issue formally through an appropriate workplace procedure or grievance
- Seeking external advice if you think your legal rights may be involved
Informal resolution is not compulsory in every situation. If the matter is serious or an informal approach would not be appropriate, you can consider a formal route. If you want guidance on the process of raising the issue, you may want to read the WorkAnswers page on how to raise a concern at work.
What If My Manager Is Involved?
If your manager is the person whose behaviour or decision is causing concern, you do not necessarily have to raise the issue directly with them. You can check your employer’s relevant policies and consider speaking to another manager, HR or another appropriate workplace contact. You may also want to look at the WorkAnswers guidance on problems with managers for more detailed support.
What Usually Happens Next?
What happens after you raise a concern about possible discrimination will depend on the issue and how it has been raised. Your employer may:
- Discuss the concern with you
- Ask for further information
- Speak to other people involved
- Gather relevant documents or information
- Investigate where appropriate
- Consider informal or formal resolution
- Use a grievance or another workplace procedure
- Explain the outcome or next steps
There is no single process that applies to every situation, and no particular outcome can be guaranteed.
Don't Ignore Time Limits
Things To Think About
Frequently Asked Questions
The Equality Act 2010 protects people from discrimination in relation to nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Direct discrimination generally means being treated less favourably because of a protected characteristic. Indirect discrimination can happen when a workplace rule, policy or practice applies to everyone but puts people who share a protected characteristic, including you, at a particular disadvantage. Whether something amounts to unlawful discrimination will depend on the circumstances.
What is the difference between direct and indirect discrimination?
You do not need to reach a definite legal conclusion before raising a concern. Start with what happened, why you think a protected characteristic or discrimination may be relevant, and any information that supports your concern. If you are unsure about your legal position, you can seek further advice.
How do I know if what happened was discrimination?
What should I do if my manager is the one discriminating?
You do not necessarily have to raise the issue directly with your manager. Check your employer's relevant policies and consider speaking to another manager, HR, a trade union representative or another appropriate workplace contact.
Related WorkAnswers
Understand the difference between unfair treatment and situations where a specific workplace right may be involved.
Understand what workplace harassment can involve and the options you can consider if you're concerned about someone's behaviour.
Understand who you can speak to, whether to raise your concern informally or formally, and what may happen next.
Understand what usually happens at a formal grievance meeting and how you can prepare.
Related Templates
Discrimination Query Letter
A structured way to explain what happened, why you think discrimination may be involved and ask your employer relevant questions.
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Talk It Through
If you think your manager may be discriminating against you, you do not have to raise the issue only with them. You can check your employer’s procedures and consider speaking to another manager, HR or a trade union representative. You can also look at the WorkAnswers guidance on problems with managers and on raising a concern at work for more detail on your options.
AI Tools
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