Workplace Discrimination Claims: Your Rights and Steps to Take

What are my rights in the workplace? 

Your workplace should be a safe environment where you can thrive without fear of discrimination. In the UK, employees are protected under the Equality Act 2010, which prohibits discrimination based on characteristics such as: 

• Age 

• Disability 

• Gender  

• Marriage and civil partnership 

• Pregnancy and maternity 

• Race 

• Religion or beliefs 

• Sexual orientation 

This protection extends to recruitment, employment terms and conditions, promotions, and dismissals. It's crucial to remember that all employees, regardless of their role or seniority, are entitled to these protections. 

What are the types of workplace discrimination claims? 

Workplace discrimination can manifest in various forms, each recognised under UK law.  

Direct discrimination occurs when an employee is treated less favourably because of a protected characteristic. Indirect discrimination, on the other hand, happens when a company policy disproportionately affects individuals with a specific characteristic.  

Additionally, harassment and victimisation are forms of discrimination where an employee experiences unwanted conduct related to a protected characteristic or suffers a detriment for complaining about discrimination, respectively.  

How do I make a workplace discrimination claim?  

Initiating a workplace discrimination claim involves several steps.  

First, it's advisable to raise the issue internally, typically through your company's grievance procedure. This gives your employer the opportunity to address the issue before formal proceedings. 

 If the issue remains unresolved, you can escalate it to an employment tribunal. The tribunal process begins by submitting an ET1 form, detailing your claim, followed by a response from your employer. Both parties then prepare for a hearing, which involves presenting evidence and witness testimonies.  

What is the expected timeline for a discrimination claim? 

The duration of a discrimination claim can vary significantly based on its complexity and whether it goes to a tribunal. On average, straightforward cases might reach a resolution within six months, while more intricate ones could extend to 12 months or longer.  

Factors influencing the timeline include the availability of evidence, the number of witnesses, and the current workload of the employment tribunal.  

Be sure to set realistic expectations and plan accordingly, ensuring you're prepared for the possible duration of the process. 

What are the potential outcomes following a claim? 

The outcomes of a workplace discrimination claim can vary widely.  

If a tribunal finds in your favour, you might be awarded compensation covering lost earnings, emotional distress, and any costs incurred as a result of the discrimination. Alternatively, the tribunal may recommend changes in your workplace to prevent future discrimination.  

In some cases, a settlement may be reached before the tribunal makes a decision. It's essential to weigh up the potential outcomes and seek qualified advice, such as from an employment barrister, to understand what's achievable in your specific situation.  

Do I need legal support for a discrimination claim? 

Discrimination claims can be complex, meaning they often require professional guidance.  

Engaging a barrister experienced in employment law can provide invaluable support, from initial advice on the suitability of your claim to representation during tribunal hearings. Certain barristers can be instructed directly, helping to reduce costs, and can help gather evidence, draft documents, and effectively represent you in court, ensuring your rights are fully protected throughout the process. Their expertise not only increases the likelihood of a favourable outcome but also eases the stress associated with legal proceedings, providing peace of mind. 

You can find out more about Barrister Connect’s employment law barristers here. 

How do I gather evidence for a claim? 

Strong evidence is crucial to the success of your discrimination claim. Begin by documenting incidents of discrimination, including dates, times, locations, and any witnesses present. Collect relevant correspondence, such as emails or messages, that support your claim.  

Additionally, keep records of any grievances filed and responses received from your employer. If possible, gather statements from colleagues who can corroborate your experiences. This comprehensive collection of evidence forms the backbone of your claim, enhancing your credibility and reinforcing your case in front of the tribunal.