Whether a job requires employees to be in an office, on a construction site, or in public spaces, the workplace is where people spend their time.

Despite many businesses requiring employees to be present in the workplace, there are shortcomings in protecting them from discrimination. In fact, over a third (36%) of UK adults report experiencing workplace discrimination. Victims are more likely to suffer from heightened stress, low self-esteem, and feelings of loneliness.

So, how can you identify signs of discrimination, and which workplace discrimination examples can help you spot signs of unfair treatment at work?

What is Workplace Discrimination?

Workplace discrimination happens when someone is treated unfairly or negatively because of a protected characteristic. In the UK, the Equality Act 2010 safeguards individuals from discrimination both at work and in society. This act specifies the characteristics that are protected.

• Race
• Colour
• Religion   
• Sex   
• National origin   
• Age   
• Disability   
• Genetic information   

Workplace Discrimination Examples

Identifying signs of discrimination or unfair treatment at work can be challenging. Whether intentional or not, people may behave in subtle ways, making it essential to understand different examples of workplace discrimination to support those at risk.

There are four main ways in which workplace discrimination can take place:

1. Direct Discrimination

This term is used to describe when a person treats someone less favourably than others because of a protected characteristic.

2. Indirect Discrimination

This type of discrimination occurs when a policy or practice that appears neutral disadvantages people with a particular protected characteristic.   

3. Harassment

Harassment involves unwanted conduct related to a protected characteristic. It is identified by actions that create a hostile, intimidating, or offensive environment.   

4. Victimisation

Victimisation happens when someone is treated badly because they have made or intend to make a complaint of discrimination.   

Common Signs of Workplace Discrimination

While UK laws clearly define various types of discrimination, signs of unfair treatment in the workplace can often be more subtle.

The emotional and financial consequences of workplace discrimination are significant, making it essential to support employees and colleagues to minimise these risks.

At Cavendish Employment Law, we are committed to providing the legal resources and information needed to recognise signs of discrimination, ensuring a safe workplace for every employee. Explore the common signs of unfair treatment and discrimination in the workplace to gain the insight necessary to feel safe and supported.

Unfair Treatment:

Unfair treatment in the workplace can manifest in various subtle ways, whether intentional or unintentional. Common signs include exclusion from meetings and opportunities, which can hinder career advancement.

Other problematic behaviours include denial of promotions or salary increases, unrealistic deadlines, and derogatory comments based on protected characteristics. These actions contribute to a hostile work environment.

Hostile Work Environment

A hostile work environment is defined by a workplace culture in which offensive jokes, slurs, derogatory comments, and other forms of harassment create a threatening or uncomfortable atmosphere. 

Discriminatory behaviour can target individuals or groups based on their protected characteristics and can lead to serious negative consequences over time, including:

• Psychological Distress

Victims of harassment often experience emotional distress, anxiety, depression, and post-traumatic stress disorder.

• Reduced Productivity

A toxic work environment can significantly decrease employee morale, job satisfaction, and overall productivity.

• Increased Absenteeism and Turnover

Employees may resort to absenteeism or quit their jobs to escape a hostile work environment.

Discriminatory Comments or Jokes:

Even seemingly harmless discriminatory remarks or jokes can foster a hostile work environment. Such comments, often subtle, can erode an individual's sense of belonging and self-worth, creating a culture of fear where employees feel unsafe to speak up. 

This type of discrimination is hard to detect, as its effects accumulate over time. Recognising these signs is crucial for building a solid case against offenders. 

If you believe you're experiencing this discrimination, document specific details to establish the context of the incidents. Include the date, time, location, a detailed description, and any witnesses or evidence that can support your claim. Memories fade over time and it is therefore helpful to keep these notes when events are fresh in the mind.

Unfair Performance Reviews:

Performance reviews are essential for assessing employee performance and providing constructive feedback. However, they can be misused to discriminate against certain employees.

To identify unfair treatment in the workplace, watch for signs such as unrealistic goals and a lack of necessary resources or training, particularly if these are disproportionately applied to employees from protected groups.

Additionally, negative feedback should be based on objective performance metrics rather than subjective opinions. When certain employees are subjected to increased scrutiny and held to higher standards, they may receive poor performance reviews, which can hinder their opportunities for career advancement.

Unequal Pay or Benefits:

Unequal pay and benefits based on protected characteristics continue to be a significant issue in many workplaces. This type of discrimination can take various forms, including pay disparities and the denial of benefits.

Signs of discrimination can include individuals receiving lower pay than their colleagues for performing the same or similar work or being denied access to essential benefits such as health insurance, retirement plans, or paid time off.

Taking Action: Seeking Legal Advice After Spotting Signs of Discrimination

The effects of workplace discrimination can persist long after the initial incident.

Research has shown that perceived discrimination is linked to negative mental health outcomes. Employees who experience discrimination often feel less respected, valued, and comfortable expressing their true selves at work.

No one should have to feel targeted in their workplace. The team at Cavendish Employment Law is dedicated to protecting your right to feel safe and supported throughout your career.

If you notice signs of discrimination or unfair treatment at work, it is important to consult with an employment lawyer as soon as possible, not only to prevent further unlawful treatlement but also because there are strict time limits in discrimination cases and any action must be taken within 3 months of the act complained of.

Document Evidence and Seek Legal Support

Cavendish Employment Law has decades of experience handling discrimination cases, which empowers individuals to effectively address signs of unfair treatment at work. 

To strengthen your case, we highly recommend documenting everything. Be sure to record dates, times, locations, and the names of individuals involved in discriminatory incidents. Additionally, save emails, texts, voicemails, and any other relevant documentation.

We can assist with gathering and presenting evidence that will enable us to negotiate a favourable settlement on your behalf. This includes reviewing your company's policies and procedures to identify any potential violations of anti-discrimination laws and assess your legal options.

Remember, seeking early legal advice can guide you through the process and help protect your rights.

Negotiate A Settlement With the Expertise of the Cavendish Employment Law Team

At Cavendish Employment Law, we prioritise securing the best settlement with minimal stress. We understand that facing discrimination can lead to anxiety and distress.

With our proven track record and 100% success in employment cases, you can focus on healing emotionally and financially while we handle the negotiation process for your claim. We specialise in complex, high-value cases and are confident we can secure the very best outcome for you on a no win no fee basis..

• Thorough Review of Severance Agreements: We meticulously examine every clause to identify potential pitfalls and protect your rights, and our fee is covered by the employer’s contribution towards costs.

• Strategic Negotiation: We employ effective negotiation tactics to maximise your settlement, including negotiating for additional benefits and future policy changes, all on a no win no fee basis for your complete peace of mind.

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