Discrimination at work: what can I do to stop it?

From Lawpack's Your Rights at Work.

Discrimination can be direct (i.e. aimed at you) or indirect (i.e. aimed at a group, sect, etc. to which you belong). If you believe that you're being discriminated against, the first step you need to take is to check whether your employer has any internal policies that set out a procedure for you to raise a complaint of discrimination. If it does, then you must raise your concerns in line with this procedure.

If there's no such policy, then you should simply raise the matter either with your line manager, or if it's the line manager whom you wish to complain about, then another, more senior, member of management or someone in the personnel/human resources team. Remember that your employer is responsible both for the discrimination he practises and for any discrimination practised by his employees. Only if you have exhausted all avenues for seeking to resolve your concerns internally should you consider taking legal action in an employment tribunal. However, there's no need for you to leave your employment before taking legal action for discrimination against your employer.

Your claim for discrimination must be made in an employment tribunal within three months of the act of discrimination. It may be difficult to identify the act of discrimination so you should be careful about ensuring the claim is brought within the time limit. Some discrimination continues over a period of time (e.g. if you are being subjected to continuing harassment), often up to the date of leaving employment. Provided you can show continuing discrimination then the three months will run from the last act of discrimination.

However, if it's a single act of discrimination such as a failed promotion, even if it has continuing effects (such as continuing employment at a lower grade and salary), the claim must be made within three months from the decision not to promote. It may be that you have raised an internal grievance against the failed promotion. The failure of the grievance procedure itself may be alleged to be an act of discrimination, in which case the three months will run from the decision of the grievance procedure.

The employment tribunal may allow a claim that is brought outside the three-month time limit if it's just and fair to do so. It will consider factors such as the reason for the delay, the degree of lateness, the strength of the case, whether there's any harm done by the late filing of the claim, and the chances of there still being a fair hearing of the matter. Generally, an employment tribunal shouldn't lightly deprive you of your right to bring a claim, so if the above factors are persuasive, it would be worth trying to obtain agreement of the tribunal to allow the claim out of time.

Law stated as at 1 March, 2006

04 July 2008