Evidence Checklist for a Workplace Discrimination Claim
Documents and records needed to support a discrimination claim under the Equality Act 2010.
Overview
Discrimination claims under the Equality Act 2010 often succeed or fail on the quality of the evidential picture you can present. Since direct evidence of discriminatory intention is rare, tribunals infer discrimination from circumstantial evidence — particularly from how comparators were treated. The two-stage burden of proof (s.136 Equality Act) means you must first establish facts from which discrimination can be inferred; the burden then shifts to the employer to provide a non-discriminatory explanation.
Comparator Evidence
Evidence of how employees without your protected characteristic were treated in similar circumstances(Essential)
Under s.23 Equality Act, a comparator must be in not materially different circumstances
Examples of others who received more favourable treatment for similar conduct(Essential)
Data on workforce demographics if available (e.g. via a data subject access request)
Direct Evidence
Emails, messages, or letters containing discriminatory language or references to your protected characteristic(Essential)
Notes of any conversations where discriminatory comments were made (with date, time, who was present)(Essential)
Contemporaneous notes are significantly more credible than retrospective accounts
Employer's equality and diversity policies
Any equal opportunities monitoring data you have access to
Impact Evidence
Medical records, GP fit notes, or occupational health reports if the discrimination caused health problems
Relevant to injury to feelings and personal injury elements of compensation
Records of any grievance you raised about the discrimination and the employer's response(Essential)
Evidence of financial losses caused by the discrimination (e.g. loss of promotion, bonus, or job)