I think I’m being discriminated against. What can I do?

If you feel like you're being mistreated at work, it could be discrimination. But how do you know? Let’s find out more. 

If you feel you’re being discriminated against at work, it’s natural to question yourself and wonder if you’re making something out of nothing, particularly if it’s something you experience all the time. Different people react to discrimination differently, but just because other people can shrug it off doesn’t mean you have to let it go. 

In this article, we’ll look at how the law defines discrimination under the Equality Act 2010, including some examples that may resonate with you. Then, we’ll show you how we can help.

Protected characteristics

The law defines discrimination as when an employer treats someone in the workplace differently because of one or more of what they call ‘protected characteristics’. The Equality Act 2010 sets out the following nine protected characteristics:

• Age

• Disability

• Sex and gender

• Race

• Religion or belief

• Pregnancy

• Marriage (or civil partnership)

• Sexual orientation

• Gender reassignment

Types of discrimination

There are several different ways employers can discriminate against their employees under the Equality Act 2010. 

The most severe way is direct discrimination. This is when someone is treated less favourably than someone else because of a protected characteristic. It could relate to:

• Getting hired

• Salary

• Promotion opportunities

• Contract terms

• Redundancy or dismissal

For example, if the company passed over a black man for a promotion in favour of a less-qualified white man, it could be discrimination. 

But that’s not all. Here are three more types of discrimination:

• Indirect discrimination - When company rules or working practices put someone and a group of people with the same protected characteristic at a disadvantage

• Victimisation - When someone who previously raised a complaint about discrimination (or supported someone that did) is treated unfairly because of it

• Harassment - Behaviour that makes someone with a protected characteristic feel as though their dignity has been violated or that the environment is intimidating, offensive, humiliating, hostile or degrading because of it

People with disabilities have distinct categories of discrimination. For example, if an employer doesn’t take reasonable steps to remove disadvantages for disabled employees, it could be regarded as discrimination.

Finally, it’s important to know that you don’t need to have the protected characteristic to suffer discrimination about it. For example, if your employer treats you differently because they believe you’re Jewish, it would still count as discrimination even if you’re not actually Jewish. Discrimination can also happen to people who are perceived to have a protected characteristic or who are closely associated with people with protected characteristics, such as a man married to a woman of a different race, for example. 

What to do next

If you’ve read up to here and either you’re unsure or you feel you’re being discriminated against, your best course of action is to speak to an Employment Law solicitor.

A solicitor will listen to your story and be able to advise you on whether or not what’s happening to you is against the Equality Act. They will then advise you on your options. If you choose to bring a case against your employer, they’ll be able to help you.

Alternatively, you may not want to go as far as making a claim to an employment tribunal. If that’s how you feel, we can advise you in the background. We can also bring your issues to your employer's attention from a legal standpoint, which often stops the unfair treatment.

There is one crucial point to remember, however. You have a time limit to raise an employment tribunal claim of three months (minus one day) from the last incident of discrimination. So, if you feel like you may have a case, you need to move fast.

Find out more from Couchman Hanson

Whether or not you choose to do anything about your feeling of discrimination, your solicitor can help you understand the routes open to you. Also, you’ll find the employment tribunal process much easier and less stressful if you have a great solicitor in your corner. 

If you’re thinking about bringing an employment law case, it’s time to talk to Couchman Hanson. At Couchman Hanson, our solicitors genuinely care about getting the best outcome for you. We’re highly professional, with ‘city-level’ talent and experience, but also friendly and welcoming. Everything we do fits with our values of integrity, honesty and authenticity.

Call 01428 774756 or visit couchmanhanson.co.uk