Making a Workplace Discrimination Complaint
How to challenge discrimination at work under the Equality Act 2010 — through internal grievance, ACAS, and the Employment Tribunal.
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Workplace discrimination under the Equality Act 2010 covers nine protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. Discrimination can take several forms: direct discrimination (treating you less favourably because of a protected characteristic), indirect discrimination (a provision, criterion, or practice that disadvantages those sharing your characteristic), harassment, and victimisation. Unlike unfair dismissal, most discrimination claims have no qualifying service period and can be brought from day one of employment.
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Identify the Protected Characteristic and Form of Discrimination
Identify which protected characteristic is involved and which form of discrimination you have experienced. The Equality Act 2010 sets out these in ss.4–27. Direct discrimination (s.13) requires a comparator — someone who does not share your characteristic was treated more favourably in not materially different circumstances. Indirect discrimination (s.19) applies where a facially neutral policy disadvantages your group. Harassment (s.26) is unwanted conduct related to a protected characteristic that violates dignity or creates a hostile environment.
- You do not need to have been dismissed to bring a discrimination claim — acts of discrimination or harassment during employment are actionable
- The 'associative discrimination' principle (ECtHR; Coleman v Attridge Law [2008]) means you can claim if discriminated against because of someone else's protected characteristic (e.g. your disabled child)
- A single serious act can constitute harassment — the course of conduct requirement for PHA does not apply to equality act claims
Keep a Contemporaneous Record
From the moment you experience discrimination, keep a detailed log: date, time, location, what was said or done, who was present, and your reaction. Contemporaneous notes made at the time are far more credible than retrospective accounts compiled months later. Preserve all documentary evidence: emails, messages, meeting notes, performance appraisals, and policy documents. Note comparators — colleagues without your protected characteristic who were treated differently.
- A contemporaneous notes diary kept on your personal phone or email (not your work system) is secure evidence
- Comparator evidence is often the most powerful evidence in a discrimination claim
- Keep copies of any company equality policies and diversity data you have access to
Raise a Formal Grievance
Raise a formal written grievance with your employer, setting out the acts of discrimination with dates and details. You are not legally required to raise a grievance before bringing an Employment Tribunal claim for discrimination — but doing so: (a) gives the employer a chance to address the matter; (b) demonstrates you took the matter seriously; and (c) protects you against a potential costs argument. The ACAS Code applies to grievance procedures and a failure to follow it can result in a 25% uplift in tribunal awards.
- A grievance meeting must be held without unreasonable delay — the employer must investigate
- You have the right to be accompanied by a colleague or trade union representative (s.10 Employment Relations Act 1999)
- If the employer retaliates against you for raising a discrimination complaint, this is victimisation — a separate form of unlawful conduct under s.27 Equality Act 2010
Notify ACAS for Early Conciliation
Before filing an Employment Tribunal claim for discrimination, you must notify ACAS for early conciliation. Contact ACAS at acas.org.uk or 0300 123 1100. The early conciliation period lasts up to 6 weeks and stops the clock on your time limit. If conciliation does not resolve the matter, ACAS issues a certificate that you must include with your ET1 claim form.
- Start early conciliation as close to 3 months less 1 day from the last act of discrimination as possible — do not let the time limit expire while waiting
- A settlement via ACAS (COT3) is final and binding — obtain legal advice before signing
- The ACAS certificate reference number must appear on your ET1 claim form
File the ET1 Claim
File your discrimination claim using form ET1 at gov.uk/employment-tribunals. The 'grounds of complaint' section is critical — for each incident, state: the date, what happened, why it was discriminatory (direct, indirect, harassment, victimisation), and which protected characteristic was involved. Claim the relevant remedy: compensation (uncapped for discrimination), a declaration, and/or a recommendation. There are no tribunal fees.
- Compensation for discrimination includes: financial losses, future losses, and injury to feelings (Vento guidelines: typically £1,100–£44,000 depending on severity)
- A recommendation can require the employer to take steps to reduce the effect of discrimination on you or others (s.124(2)(c) EqA) — though the power to make wider recommendations was removed in 2015
- Multiple protected characteristics can be pleaded in one ET1 (e.g. race and disability)
Prepare for the Tribunal Hearing
Discrimination cases are usually heard before an Employment Judge and two lay members (including a diversity specialist). Prepare a comprehensive witness statement, a schedule of loss (including injury to feelings), and a chronology of events. The burden of proof (s.136 EqA 2010) means you must first establish facts from which discrimination can be inferred — then the employer must prove a non-discriminatory explanation.
- The injury to feelings bands (Vento/Da'Bell) are updated annually — obtain current figures from a solicitor or ACAS
- Expert evidence (e.g. from a psychiatrist or psychologist on psychiatric injury) may be needed for significant injury to feelings awards
- Tribunal hearings for discrimination cases typically last 3–5 days due to the factual complexity
- Consider whether the EHRC (Equality and Human Rights Commission) provides any guidance relevant to your case — their technical guidance on protected characteristics is often cited in submissions
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Time limits for discrimination claims are 3 months less one day from each act complained of. A 'continuing act' (a series of connected acts) can extend this, but each act must be linked.
Victimisation — being treated badly because you made or supported a discrimination complaint — is itself unlawful. Document any retaliation carefully.
Settling a discrimination claim via a settlement agreement or COT3 is final — never sign without independent legal advice.