Workplace discrimination
How do you prove workplace discrimination?
Workplace discrimination can be difficult to deal with and even more difficult to prove in some scenarios. Here, our experts share advice on the best ways to provide proof.
Discrimination at work can take many forms and is not always easy to prove.
The Equality Act 2010 protects everyone in the UK from unfair treatment and discrimination based on these nine protected characteristics:
- Age
- Disability
- Gender Reassignment
- Marriage or Civil Partnership (As related to your employment)
- Pregnancy and Maternity
- Race
- Religion or Belief
- Sex
- Sexual Orientation
Types of discrimination:
The discrimination you may have faced can be categorised as either of the following:
- Direct discrimination: Treated differently because of a ‘protected characteristic’.
- Indirect discrimination: Treated the same but put at a disadvantage because of this (e.g. important team meetings during unavoidable prayer times).
Types of evidence to use as proof:
Providing evidence of workplace discrimination can be difficult especially if there is not clear physical proof, however, your own records may be enough when it comes to an employment tribunal. It is important to keep a personal record of everything that happens and pass it to your solicitor at an appropriate time.
Keeping a record of every situation you feel to be discriminatory will help your solicitors assess if you have a case and build your case if you do.
Other types of evidence you could use can include:
- Social media posts
- Emails
- Letters
- Witnesses to the discrimination
- Someone in the same situation as you, a ‘comparator’, who has been treated differently
As well as this evidence, you will need to prove the discrimination is because of a protected characteristic. The person/people you are accusing may try to claim their behaviour has nothing to do with those characteristics, so you will need evidence to prove this is the case. However, an expert employment solicitor will be able to advise you on what evidence you will need and how best to obtain it.
Specialist discrimination solicitors
If you feel you have been discriminated against at work, you should initially raise a grievance with your employer or your HR representative, using the procedure your place of work will have in place.
However, if your circumstances have progressed beyond the point of repair, our employments experts are on hand to offer support. Speak to our leading workplace discrimination solicitors who will always provide tailored advice and empathy for your situation and will support you every step of the way.
Call us today on 0330 107 6490 or contact us and we’ll call you.
