The primary law that protects against discrimination in employment based on protected characteristics (such as race, faith, gender etc) is the Equality Act 2010. You can find further information click here

Although this is not an exhaustive list, you may be treated unfairly because of your protected characteristics i.e. race, faith, gender etc., in the following ways:

• During recruitment and selection
• When determining pay and benefits
• When determining terms and conditions e.g. working practices such as hours of work, dress codes, the physical conditions of the workplace, the atmosphere and environment, holidays, etc
• During training, development, promotion and appraisals
• During dismissal, redundancy and retirement
• When undergoing discipline and grievances
• Due to bullying and harassment

• Why do you believe you have been discriminated against - is it because of gender, race, religion etc. or combination?
• How were you discriminated against?
• When were you discriminated against?
• If dismissal - was grievance procedure followed and warnings given?
• If dismissal - what reasons were given?
• How are others treated?
• What is the composition of the workforce?
• How long have you been employed there?
• Do you have evidence of discrimination? e.g. emails, logged incidents, witnesses etc.

You should first try and get issue resolved informally. For example, any unfair treatment may not be deliberate and / or the employer may be willing to be responsive to resolve the issue. If this does not work, then the company grievance procedure should be followed. You should ask for a copy of the procedure so you are aware of expected time lines and who is going to deal with your grievance.

To take legal action and take the employer to tribunal you must start the process within three months (3 months minus one day) of employment ending or incident happening.

Gathering your evidence will be an important step, especially if you wish to escalate your complaint. The types of information you should gather should include:

• Recording a timeline of events
• Names of witnesses if relevant
• Copies of documents that support your case such as letters, emails etc.
• Copies of any policies
• How other colleagues are being treated compared to you

Another useful tool which is under utilised is making a Subject Access Requests (SAR) to gather evidence. Subject Access Request is a legal right under data protection laws that allows an individual to request access to the personal data an organisation holds about them. Some employers may in fact try and use data protection laws to refuse to provide personal data - if this happens, make a complaint to the Information Commissioner. The employer should respond within one month of the request being made.

A guide to making a subject access request can be found here: https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/subject-access-requests/a-guide-to-subject-access/

Individuals may compounded experiences of discrimination because of their multiple protected characteristics i.e. because of their intersecting identities. For example, a woman may feel she is being discriminated against because she is a woman, because she is of Pakistani ethnicity and because she is a Muslim. This means that if each characteristic is considered in isolation, it may not provide the full picture / extent of the discrimination and impact.

However, at present there is a gap in the law. Individuals have to make separate discrimination claims for each different characteristic, which are then considered as stand alone issue. As a result, it can be difficult, complicated and sometimes impossible to get a legal justice. There are advocacy efforts to have the Equality Act 2010 amended to allow individuals to bring claims for a combination of protected characteristics in one claim.

• Your first step should be (if you are not satisfied with your employer's response to your issue is to then contact the Advisory, Conciliation and Arbitration Service (ACAS), which is a free service. You must do this within the three months. This starts the early conciliation process, where an ACAS conciliator tries to help you and your employer reach an agreement. They advise both employees and employers on their employment rights. They will try and resolve the dispute through a process called early conciliation, without having to go through an employment tribunal that can be stressful and costly. Their contact details are: 0300 123 1100 / www.acas.org.uk. You could also contact the Equality Advisory Support Service Helpline for additional advice on 0808 800 0082 / www.equalityadvisoryservice.com
• When you start early conciliation within the deadline, the time limit for making your tribunal claim is "stopped". This is because ACAS may take longer than three months to start or try and resolve your dispute.
• If the conciliation works, then no further action is needed. If conciliation doesn't work, you'll get an Early Conciliation Certificate. You will need this certificate's number to make your tribunal claim. You are given at least one month from the date of this certificate to submit your claim to the tribunal.
• You will need to use the certificate number to complete your tribunal claim form (ET1) and submit it to the employment tribunal. More information about the form can be found here.
• The Employment Tribunal will check and consider the claim and if all the documentation is on order, it will then contact the employer (usually within 28 days). The respondent usually has to reply to your claim in writing within 28 days of getting your claim form. They will give their side of the case. If they do not reply, the tribunal may decide your case without you having to go to a hearing. The tribunal may even offer mediation.
• Some employers settle before the tribunal reaches the full hearing stage due to the cost, time, and potential damage to reputation.
• If the case goes to full tribunal hearing. You can represent yourself or hire the services of an employment solicitor / barrister.
• The tribunal will then make a decision based on the facts and legal tests to determine if your claim is successful. the tribunal can order your employer to pay compensation, take other actions, or even return you to your job. However, there is a time limit for the employer to appeal the decision.
• It is important to note that there are situations where you might have to pay your employer's costs, such as if your case had no chance of success or you behaved badly during the proceedings.