What is the concept of discrimination in the workplace?
Discrimination in the workplace refers to unfair or prejudicial treatment of employees based on certain characteristics.
This can include aspects such as age, gender, race, religion, sexuality, disability, and more. It can affect hiring decisions, pay, promotions, and day-to-day interactions.
Understanding workplace discrimination is crucial to maintaining a fair and inclusive working environment.
How do you define discrimination in the workplace?
Discrimination in the workplace is any action or behaviour that results in unfair treatment of an employee or group of employees because of protected characteristics.
These characteristics are legally recognised and include factors such as race, gender, age, disability, and sexual orientation.
Discrimination can be overt, such as direct harassment, or more subtle, such as systemic bias in promotion practices.
Types of protected characteristics
It is not always easy to recognise when you are being discriminated against at work, and it can be just as easy to assume you are a victim of discrimination when you are not.
Legally, discrimination happens when you are treated unfairly by your employer or a colleague because of protected characteristics.
Outlined in the Equality Act 2010, these characteristics are fundamental to who you are and include:
- Age
- Gender
- Race
- Religion
- Sexuality
- Disability
- Marriage and civil partnership
- Pregnancy and maternity
Types of discrimination
You will generally come across two types of discrimination in the workplace.
Direct discrimination
Direct or overt discrimination happens when an employer or colleague singles you out because of a protected characteristic. A common example would be using an offensive slur against you. In some cases, direct discrimination happens by association, meaning you are treated unfairly because of the protected characteristics of someone you know.
Indirect discrimination
Indirect discrimination can be harder to identify. If you are unsure whether you have been discriminated against in this way, speak to employment solicitors. This happens when a company introduces rules that unfairly affect certain groups, such as working hours that suit men but disadvantage women.
How to spot discrimination at work
Hiring process
You may sometimes see discrimination in the hiring process. For example, a job advert that specifies the company is only recruiting staff with five years of experience could indirectly discriminate against younger people. You might also see a role advertised only internally to a team where all candidates share the same background, ethnicity, or another characteristic, putting others at a clear disadvantage.
Contracts
Always read your contract carefully. Certain terms and conditions may affect you more because of a protected characteristic. For example, your contract may require you to work specific hours that interfere with your religious practice. You should raise this with your manager or senior staff, as many employers will be willing to make reasonable allowances and avoid a discrimination claim.
Promotion
Many discrimination cases arise when an employee is passed over for promotion. Seeing a less qualified colleague get the role you have worked towards for years is frustrating, especially if they were chosen because of age or gender. For example, if a manager refuses to promote you because you are a woman and says that “men don’t get pregnant”, that could be a clear case of discrimination unless the employer can lawfully justify the decision.
Pay, pensions, and perks
Employees with similar experience doing the same job should generally be paid the same. If your employer is paying you less because of your ethnicity or gender, for example, this could suggest discrimination. This can also apply to your pension, benefits, and workplace perks.
Dismissal
No one should be dismissed simply because of a protected characteristic. Only your conduct, or misconduct, should affect your employment status, and even then you may still be the victim of unfair dismissal. For example, your employer cannot lawfully dismiss you just because your faith requires you to pray at specific times during the day.
What isn’t discrimination?
While workplace discrimination covers many situations, there are times when an employer takes action that may appear discriminatory but is not, technically or legally, discrimination. An employment solicitor can help you work out whether you may have a discrimination claim.
Unrelated to protected characteristics
You may be dismissed, face disciplinary action, or feel you have been treated badly for a range of reasons. While you may still be able to claim unfair dismissal or constructive dismissal, it is not classed as discrimination if your employer’s behaviour is unrelated to a protected characteristic.
Justified business decisions
If your employer can show that their action is justified because it meets a clear business need, it may not count as discrimination. For example, a female healthcare clinic may employ only women because of the nature of the service and the needs of its clients.
Reasonable action
If a business faces a discrimination claim, it may argue that it took reasonable steps to prevent discrimination and protect the employee. This is uncommon and often relates to discrimination by a third party providing goods or services to the business.
When should you talk to employment solicitors?
You can speak to an employment solicitor whenever you feel you have been discriminated against at work. They can advise you on your position and how to challenge an employer or colleague.
Legal action is usually a last resort before taking your case to an employment tribunal. First, keep a record of what has happened and try to resolve the issue with your manager or senior staff.
If you do not attempt mediation beforehand, the tribunal may offer you the chance to do so through early conciliation. Either you or your employer can decline, but failing to engage may affect whether you can make a claim or weaken your case.
For more help, see our guide So, you’ve been discriminated against at work: your next steps.
Employers have a legal duty to prevent workplace discrimination. If the issue cannot be resolved informally, make a formal complaint. By law, your employer must investigate it.
If you believe you have a discrimination claim, use our quick quote form to find employment solicitors who will take the time to understand your case.
What should you do if you see discrimination in the workplace?
If you witness discrimination in the workplace, it is important to take appropriate action.
This may involve documenting the incident, supporting the person affected, and reporting the behaviour to a manager or HR department.
Follow your organisation’s policies for reporting discrimination and make sure the issue is addressed promptly and properly.
How to deal with discrimination in the workplace as an employee?
If you are facing discrimination at work, there are several steps you can take.
Start by documenting any examples of discriminatory behaviour. Seek support from colleagues, a union representative, or a legal adviser if needed.
Report the discrimination to your manager or HR department using your company’s procedures. If the matter is not resolved internally, you may need to consider legal action or contact an external body such as an employment tribunal.
Knowing your rights and getting the right support can make it easier to deal with the issue effectively.