In 2024, a CIPD survey revealed that 20% of UK employees experienced discriminatory behaviour in the workplace within the past year. 

The emotional and financial consequences of such experiences can be significant, making it difficult to know how to address discrimination at work. However, reporting discriminatory behaviour is the first step towards seeking compensation and protecting your hard-earned career.

So, what should employees do if they feel discriminated against, and when should they consider involving legal representation?

Understanding Your Rights When You Report Discrimination at Work

Discrimination of any kind can be uncomfortable and distressing, so it's crucial to be equipped with the right information to address it effectively in the workplace. 

By understanding your rights and taking steps to document any incidents of discrimination, you can protect yourself and take appropriate action to resolve the issue.

In the UK, workplace discrimination occurs when an individual is treated unfairly or adversely based on a protected characteristic. Under UK law, these protected characteristics include:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief   
• Sex
• Sexual orientation   

The UK has several employment laws aimed at protecting employees from discrimination. The main piece of legislation is the Equality Act 2020, which makes it illegal to discriminate against someone based on a protected characteristic.

When addressing a discrimination issue at work, proper documentation is essential. If you are preparing to report discrimination, make sure you have notes that cover the following points:

Dates, times, and locations

Specific details can help to establish a pattern of discriminatory behaviour.

Names of witnesses

If other individuals witnessed the discriminatory behaviour, their testimony can be valuable.

Copies of relevant documents

This may include emails, memos, performance reviews, or other written communications.

A detailed description of the incident

Be as specific as possible about what happened and how it made you feel.

When to Consider Legal Representation

Handling discrimination in the workplace can be challenging due to the complexity of employment laws and the emotional strain it often causes. In some instances, discussing the issue with your line manager or seeking a further investigation through HR may be an appropriate solution. However, what should you do if you report discrimination at work and require additional support?

In such cases, obtaining legal representation can provide you with peace of mind, knowing that the situation is being addressed in your best interests. If you have reported discrimination at work or are unsure how to navigate this issue, legal counsel experts can assist you in four key areas.

Severity of the Workplace Discrimination

In situations where discrimination is severe, persistent, or has led to significant harm, such as termination or demotion, seeking legal advice is crucial. Severe discrimination includes:

• Harassment involves repeated and unwelcome behaviour that creates a hostile, intimidating, or offensive work environment.

• Bullying involves repeated behaviour that is intended to humiliate, intimidate, or undermine an individual.

• Hostile work environments occur when a pervasive and persistent pattern of discriminatory conduct creates a toxic workplace.

If you are experiencing any of these forms of severe discrimination, it is essential to seek legal advice. An employment specialist or lawyer can help you understand your rights, protect yourself from further harm, and pursue legal remedies.

Failed Internal Resolution Attempts

If you've tried your employer's internal complaint procedures for discrimination but found them ineffective, seeking legal representation may be essential. These processes can lack independence and often lead to biased outcomes due to the employer's influence. 

They can also be lengthy and bureaucratic, prolonging your discomfort and leaving you feeling unsupported, especially since many workplaces can't impose significant penalties on wrongdoers. 

The emotional toll is significant; studies show that 87.8% of participants experience stress, anxiety, and other issues tied to perceived discrimination. This can affect your attendance and job performance. Having a lawyer can streamline the process and help you regain confidence at work. 

Complex Legal Issues

The stress of handling workplace discrimination can lead to mistakes, as employment law is complex and varies by case. Navigating these challenges, alongside emotional strain, makes seeking legal advice crucial. A lawyer can help you understand your employment contract and ensure your rights are protected, paving the way for a fair resolution.

If you've faced retaliation for reporting discrimination, an employment specialist can challenge this and pursue legal action against your employer. Their expertise is invaluable, especially in cases of wrongful termination, helping you seek compensation for lost wages and other damages.

Seeking Financial Compensation or Reinstatement:

While not all reports of discrimination result in financial distress, it is crucial to protect yourself from any potential impact on your income. 

Many individuals experience a loss of wages if discrimination leads to termination or demotion. Additionally, the emotional distress resulting from discrimination can lead to mental health issues, which may require therapy or medication. 

An experienced lawyer can assist you in calculating the damages you may be entitled to and help negotiate a favourable settlement with your employer. In some cases, if the discrimination is particularly severe, you may also be able to recover punitive damages, which serve to punish the employer and deter future misconduct.

Don't let discrimination cost you. Protect your financial future with Cavendish Employment Law.

How to Handle Discrimination in the Workplace with Cavendish Employment Law

If you believe you have experienced discrimination, it is essential to understand your rights and available options. While many individuals opt to address discrimination internally through Human Resources or a supervisor, there are situations where seeking legal representation may be necessary.

How We Support You

At Cavendish Employment Law, our team of expert legal professionals provide guidance and support throughout the process to give you peace of mind and the best possible outcome. 

1. Investigating the claim

A lawyer can gather evidence, interview witnesses, and review relevant documents to build a strong case.

2. Negotiating a settlement 

Sometimes, it may be possible to resolve the matter through negotiation with the employer.

3. Filing a formal complaint 

If negotiation fails, a lawyer can help you file a complaint with the Equality Act 2020 Commission.

Enjoy Peace of Mind with Cavendish Employment Law’s Expertise

Don’t let workplace discrimination derail your career—swift legal action is essential. At Cavendish Employment Law, our experienced employment lawyers are here to support and advocate for you.

We begin with a thorough evaluation of your claim, focusing on your rights under the Equality Act 2020. Our team will counter any challenges from your employer’s legal representatives, ensuring you receive fair treatment.

While we handle the legal complexities, you can concentrate on your well-being. Trust us to pursue justice and hold your employer accountable.

Don't face workplace discrimination alone. Contact Cavendish Employment Law today for expert legal advice and support.