Workplace discrimination compensation claim

Hello there. I am Gemma, your friendly legal assistant here at Lawyer Destroyer. I would be happy to help you understand where you stand with claiming compensation for workplace discrimination.

The legal position:

Under the Equality Act 2010, you have a clear right not to be discriminated against at work. However, the law says that to claim compensation, the unfair treatment must be linked to what is called a protected characteristic. These characteristics are age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.

Discrimination can happen in a few different ways. It could be direct, such as not getting a job simply because of your age, or indirect, where a company rule applies to everyone but accidentally disadvantages you because of your religion. It also covers harassment and victimisation. If you have a disability, discrimination can also include your employer failing to make reasonable adjustments to help you do your job.

If an Employment Tribunal finds that you have been discriminated against, they can award compensation. Unlike standard unfair dismissal claims, there is no legal cap on the amount of compensation you can get for discrimination. Tribunals can award money to cover any financial loss, such as lost wages if you were forced out or missed a promotion, as well as an award for injury to feelings to reflect the emotional toll the experience has taken on you.

Important deadlines:

Before we look at the steps you can take, I must flag a very important rule. The strict legal deadline for bringing a discrimination claim in the Employment Tribunal is three months minus one day from the date the discrimination took place. If it was an ongoing pattern of behaviour, the time limit usually runs from the date of the last incident. This deadline is very rarely extended, so you must keep a close eye on the calendar.

Practical next steps:

While you have the right to take your employer straight to an Employment Tribunal, litigation can be highly stressful, expensive, and time-consuming. It is usually much more sensible to try and resolve the situation through other routes first. Here is a sensible order to approach things:

1. Gather your evidence. Start writing down dates, times, people involved, and exactly what was said or done. Keep a secure copy of any relevant emails, text messages, performance reviews, or witness accounts. Strong evidence is the foundation of any successful claim.

2. Try an informal resolution. If you feel comfortable doing so, and the situation allows it, having a quiet word with a manager or your HR department can sometimes put a stop to the behaviour without needing a major battle.

3. Raise a formal grievance. If talking does not help, or the issue is too serious for a casual chat, you should submit a formal grievance in writing. Explain what has happened and why you feel it is discriminatory. Your employer is expected to follow a fair internal procedure to investigate your complaint and hold a meeting with you.

4. Start ACAS Early Conciliation. If the internal grievance process does not fix the problem, your next step is to go to ACAS. This is an independent public body that helps resolve workplace disputes. Before you are legally allowed to submit a claim to the Employment Tribunal, you must notify ACAS. They will offer a free service called Early Conciliation to try and negotiate a settlement between you and your employer. Importantly, starting this process pauses your three-month legal deadline.

5. Submit a Tribunal claim. If conciliation fails or your employer refuses to negotiate, ACAS will issue you a certificate. You can then use this certificate to formally submit your claim form, known as an ET1, to the Employment Tribunal.

Missing information:

To give you a completely tailored answer, it would be helpful to know a little more about your situation. I would need to know what protected characteristic you believe the discrimination is based on, exactly what happened, the dates the incidents took place, and whether you are still working for the employer.