It is direct workplace discrimination if you are treated less favourably than others at work due to your protected characteristic. On the other hand, it classed as indirect workplace discrimination if you find yourself in situations, where the general application of rules (company policy/practice) to everyone, in the same manner, places you with a protected characteristic at an unfair disadvantage. If you find yourself in those situations, the following actions can be taken. An example of indirect discrimination would be if everybody was asked to wear the same uniform, but the uniform goes against your cultural or religious beliefs, like exposed shoulders or ankles.
Informal complaint to your employer
An informal talk with your manager or a member of the HR team about the problem should be the first action that you take. However, if the problem is not solved through an informal complaint, or if an informal complaint is not convenient for you, you can escalate to a formal complaint by writing a letter to your manager.
‘Raising a grievance’ – a formal complaint to your employer
It is important to note that there might be a deadline for a formal complaint. Therefore you should check your contract, your company’s handbook, or ask your employer. You can ask your manager to make an apology, stop discrimination, pay compensation (including personal injury compensation), make policy changes, review their decisions, and provide any further employment reference (if applicable) explaining that you left the company due to the discrimination.
If the deadline for taking legal actions (3months) approaches, you don’t need to wait until your grievance results come out. While waiting for the outcome you can commence the tribunal proceedings. After legal action is taken, you can still carry on negotiating with your manager.
‘Settling’ – negotiation with your employer to reach an agreement
Before going to a tribunal, negotiation with your employer should be tried as it is the most effective way to achieve your aim. Settling with your employer is crucial, as the tribunal might not always conclude to your full advantage.
‘Mediation’ – Alternative dispute resolution method
If you wish to take legal actions, you must claim within 3 months (minus one day) from the date of the discrimination taking place. If your workplace rights have been abused or ignored, the first point of contact is to get advice from your trade union. A member of a union might suggest that you get mediators involved at this stage. You can try mediation, which is the first stage of taking legal actions. An independent organisation called ACAS (Advisory, Conciliation and Arbitration Service) helps both sides to reach an agreement. This process is called ‘early conciliation. To do so, you need consent from your employer.
Check the ACAS website to find out more information: www.acas.org.uk
In some cases legal insurance (part of household or motoring policy) can act as mediators for you. For example, Thompsons Solicitors and DAS Law are part of the insurance scheme.
Legal action at an employment tribunal
An employment tribunal is a free hearing that’s less formal than taking an action at a court. It is only sensible to start tribunal proceedings if other methods have not helped to solve your problem. Taking legal action at a tribunal becomes possible only after other problem-solving methods have been used. As a decision-making process of tribunal lasts 6 months or a year, this might be stressful for you.
Compared to the formal complaint, a few things can be awarded to you as a result of going to a tribunal, such as being compensated, changing company policy, making a statement about the breach of law, and employer discrimination. Therefore even if you take actions at a tribunal, you can carry on negotiations with your employer.
You can either represent yourself at a tribunal or can be represented by a solicitor. If the solution of the problem through the above ways looks impossible, and you leave your job due to discrimination, you can claim constructive dismissal.
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