When it comes to sexism, racism and other forms of discrimination, you may think we live in a completely different world to the one we lived in a few decades ago. Social media has made it easier for some people to speak up about their experiences of inequality and many people seem to be less willing to let instances of discrimination slide.
But workplace discrimination is a persistent issue, and studies show that unfair treatment is driving members of minority groups out of the workforce. According to the Trades Union Congress (TUC), two in five black and minority ethic (BAME) employees have experienced racism at work in the last five years, and 8% left their jobs as a result.
Women are still paid less than men on average, with HMRC reporting that the median hourly pay is £13.24 for women and £14.51 for men, and the gender pay gap actually increased by 2.9% between 2020 and 2021.
Workplace discrimination is illegal, but more than a third of UK adults feel that they have experienced it, so it's important to know your rights.
What is workplace discrimination?
Discrimination in the workplace happens when someone is treated unfairly or unequally because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation.
What forms can workplace discrimination take?
Discrimination can be subtle and it may be difficult to figure out if your age, gender, race or another legally protected characteristic is the reason you’re being treated unfairly.
It can also take many forms, but usually falls into one of four categories:
- Direct discrimination: someone is treated less favourably than others because of a protected characteristic. For example, someone is not offered a promotion because they are a woman and the role goes to a man who is less qualified.
- Indirect discrimination is where rules are put in place that apply to everyone, but put someone with a protected characteristic at a disadvantage, when compared with those without it. For example, a rule that employees must be able to travel around the UK at short notice without good reason may put parents with young children at a disadvantage.
- Harassment: unwanted behaviour relating to a protected characteristic that violates someone’s dignity or creates a hostile environment for them. This includes sexual harassment, which four in 10 women experience in some form at work.
- Victimisation: someone is treated unfairly because they have complained about discrimination. For example, you are refused a promotion because you reported that you were sexually harassed.
How are women affected by workplace discrimination?
The gender pay gap is a form of discrimination, with women being paid 90p for every £1 earned by men, on average. According to the Chartered Institute of Personnel and Development (CIPD), a lack of flexible working options – potentially a form of indirect discrimination – and the undervaluing of women’s work, which is direct discrimination, are contributing to the gap.
The gender pay gap is different from the issue of unequal pay. Unequal pay occurs when men and women are paid different amounts for doing similar jobs. It’s important to note that unequal pay is against the law in the UK, and has been for over fifty years.
If you suspect that you are being paid less than your male counterparts, Lutfur Ali from the CIPD suggests having an open and honest discussion around pay with your line manager before putting anything into writing.
"If this doesn’t work, meet or write to human resources or your manager(s) formally. Clearly explain your reasons for asking and provide any information you have that has led to your query. Importantly, put in writing the information you seek and what actions you want them to take.
"While you can’t require your employer to disclose the salary information of specific male colleagues, you can ask some specific questions around pay brackets and what job evaluation system exists, for example," says Ali.
Katie's experience with workplace discrimination
Scientist Dr Katie Lidster, 39, had been working for her employer for seven years as a programme manager, a role she loved, when she became pregnant with her second child. She planned to take maternity leave as she had with her first but faced complications when Daisy was born prematurely at 30 weeks.
"It was a very challenging period, as Daisy required significant medical support," says Katie. "I spent time in hospital recovering from the birth and when I returned home I had to split my time between my older daughter and my new baby in hospital."
The trauma of her child’s premature birth and vulnerable health led to Katie being diagnosed with PTSD and seeing a neonatal counsellor.
As her maternity leave wore on she began to feel excited about her return to work. "I wanted some sense of normality after a very tough chapter of my life," she says.
Seven months after Daisy was born, Katie got in touch with her employer to discuss her return, only to be told that it would not be ‘appropriate’ for her to resume her role. Instead, she was offered another position with fewer responsibilities over fewer days.
"I went into a state of shock," she says. "In a matter of minutes, I’d lost the job I loved, the job I thrived in."
To make matters worse, she later saw a job advertised online that was nearly identical to her own role. It was eventually filled by the person who had covered Katie’s maternity leave.
What can I do if I'm being discriminated against at work?
If Katie's story resonates with you, if you see yourself in any of the examples of discrimination in this piece, or you feel that you’ve been discriminated against in a different way, you don’t have to suffer in silence.
"Any form of discrimination or harassment is totally unacceptable from a moral, legal, social and business standpoint," says Ali. "If you experience or witness any form of it, you have the right to raise and make a complaint to your employer and, ultimately, take legal action."
Make sure you save any discriminatory messages and keep a written log of the incidents. "Keeping notes is really important so that you can remember everything as accurately as possible," says Lisa Brennan, managing director of consultancy service Strategic Ambitions. "This helps you to be clear on the types of discrimination that are occurring and the individuals who are responsible and provides clarity on what you are experiencing."
According to the CIPD, the first step would be to complain directly to the person who has discriminated against you, your line manager or your human resources department. This is called ‘raising a grievance’. If making an informal complaint doesn’t work, check if your company has a formal complaints procedure and follow that.
You can also seek advice and mediation from the Advisory, Conciliation and Arbitration Service (ACAS), Citizens Advice or, if you are a union member, a trade union representative. This can help to resolve the issue before it comes to legal action.
Taking legal action for workplace discrimination
If all this fails, you can take legal action and make a claim at an employment tribunal. This was the route that Katie took, and she ended up winning a £23,000 pay out when the company she worked for admitted culpability.
"I trusted my employer, but they turned their back on me when I really needed support," says Katie. "I went through the process of grievances and finally raised a formal tribunal claim.
"The day they admitted culpability on all counts of maternity discrimination was also my daughter Daisy’s second birthday. I celebrated the journey we had been on and how her strength had inspired me to seek justice."
Katie now volunteers as a mentor for the charity Pregnant Then Screwed, which gave her free legal advice before she took action against her employer.
"I help women going through maternity discrimination, so they feel confident to speak out. If something doesn’t feel right, it probably isn’t right."
If you need further advice...
- For advice on taking your case to a tribunal, go to gov.uk/employment-tribunals.
- For advice about maternity discrimination, visit Pregnant Then Screwed.
- To contact Citizens Advice, call 0800 144 8848 in England and 0800 702 2020 in Wales.
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