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UK Workplace Issue Playbook · 2026

How do I challenge discrimination at work in the UK?

Alex By Alex · 12-year UK recruiter · Updated April 2026

Why this matters

Discrimination claims under the Equality Act are some of the most powerful UK employment claims because awards are uncapped (no statutory limit), they include injury to feelings, and they protect from day one of employment (no 2-year qualifying period). Many employees don't realise the strength of their position until they've already missed the time limit.

Equality Act 2010 (9 protected characteristics: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion, sex, sexual orientation); ACAS Code; Employment Tribunals Act 1996.

Step-by-step playbook

1) Identify which protected characteristic is involved. 2) Identify the type of discrimination: direct (treated worse), indirect (a policy disadvantages your group), harassment (unwanted conduct), victimisation (treated badly for raising a complaint). 3) Document specific instances with dates, witnesses, and comparators if available. 4) Raise a written grievance citing the Equality Act and specific section (s.13 direct, s.19 indirect, s.26 harassment, s.27 victimisation). 5) Engage with employer investigation. 6) If unsatisfied, file ACAS early conciliation within 3 months less 1 day of discrimination act. 7) Tribunal claim follows ACAS. 8) Awards: financial loss + injury to feelings (Vento bands £1,200-£58,700+) + sometimes aggravated/exemplary damages. 9) Specialist employment lawyer often advisable.

Letter / template

Discrimination complaint template: 'Dear [HR Manager], I am writing a formal complaint of [direct/indirect] discrimination / harassment / victimisation under the Equality Act 2010 in connection with my [protected characteristic]. Specifically: [Direct discrimination s.13]: I have been treated less favourably than [comparator] in [specific situation] because of my [characteristic]. Examples: - [Date]: [specific incident, comparator, evidence] [Indirect discrimination s.19]: The company's [policy/practice] disadvantages people with [characteristic] including me, and is not justified by a legitimate aim. [Harassment s.26]: I have been subjected to unwanted conduct related to my [characteristic] including [specific incidents]. I request: - A formal investigation - Specific remedies: [list — promotion, training, transfer, policy change, compensation] - Reasonable adjustments: [if disability-related] - Confidentiality and protection from victimisation - Right to be accompanied I am aware of the 3-month time limit and reserve the right to approach ACAS for early conciliation if this is not resolved promptly. Yours sincerely, [Your name]'

What NOT to do

Don't: assume an employer's good intentions; delay past the 3-month tribunal time limit; raise the grievance verbally only; conflate multiple unrelated complaints; resign before getting advice (may compromise constructive dismissal); fail to identify a specific comparator (where one exists); ignore disability-related cases (often have additional reasonable adjustments duty under s.20); accept a poor 'investigation' without appealing.

Worked example

Priya was passed over for promotion three times despite higher performance ratings than the colleague promoted. All comparators were the same race; she was the only candidate of her ethnicity in her band. She kept records of performance reviews and promotion decisions. She raised an Equality Act s.13 (direct race discrimination) grievance with comparators identified. Investigation eventually settled at internal level: promotion + £15,000 + training. Without comparator evidence and the s.13 reference, the complaint would have been dismissed.

Recruiter pro tip

The single most powerful tool in UK discrimination cases is the comparator — someone in materially similar circumstances who was treated differently. Identify them by name, role, and outcome before filing. If no actual comparator exists, you can use a 'hypothetical comparator' but it's much harder to win. Spend most of your preparation time identifying comparators and gathering evidence of differential treatment.

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