Do I have a case?

How do you know if you are being treated unfairly at work?

Unfair treatment can take many forms, from being overlooked for promotion to being singled out for criticism. Identifying whether it is unlawful is the first step.

What is an example of unfair treatment at work? Examples include a manager giving you an impossible workload while others do less, or being denied training offered to your peers.

What to do if you are being unfairly treated at work? Your first steps should be documenting the incidents and understanding your rights to equal treatment.

How to react to unfair treatment at work?

• Keep a Diary: Record dates, times, witnesses, and exactly what was said or done.
• Review Policies: Check your staff handbook for any anti-bullying or equality policies.
• Speak Up: If safe, tell the person that their behaviour is unacceptable and ask them to stop.
• Seek Advice: Contact a union rep, ACAS, or a legal expert to see if the treatment crosses the line into illegal discrimination.

What's classed as discrimination at work?

Discrimination occurs when you are treated less favourably because of a protected characteristic like age, disability, or sex.

In the UK, the Equality Act 2010 defines what qualifies as discrimination at work and sets out your rights to equal treatment.

It can be direct (treating you poorly because of who you are) or indirect (policies that unfairly disadvantage certain groups).

What are the 7 types of discrimination in the workplace? (And more)

• Direct Discrimination: Treating someone less favourably because of a protected characteristic.
• Indirect Discrimination: Rules or arrangements that put certain people at an unfair disadvantage.
• Harassment: Unwanted conduct that violates your dignity or creates a hostile environment.
• Victimisation: Being treated poorly because you made a complaint about discrimination.
• Failure to make Reasonable Adjustments: Specifically relevant to disability discrimination.
• Discrimination by Association: Being discriminated against because of someone you know.
• Discrimination by Perception: Being discriminated against because people think you have a characteristic.

What are the 9 grounds for discrimination?

1. 01

   Age

   Discrimination based on being too young or too old for a role or promotion.

2. 02

   Disability

   Including physical impairments, mental health conditions, and progressive illnesses.

3. 03

   Gender Reassignment

   Protection for those traversing or who have traversing their gender identity.

4. 04

   Marriage & Civil Partnership

   Specific protection against being treated differently due to your relationship status.

5. 05

   Pregnancy & Maternity

   Strong protection during the 'protected period' surrounding birth.

6. 06

   Race

   Including colour, nationality, ethnic or national origin.

7. 07

   Religion or Belief

   Including a lack of religion or philosophical beliefs.

8. 08

   Sex

   Protection for both men and women against gender-based bias.

9. 09

   Sexual Orientation

   Protection regardless of who you are attracted to.

What qualify as workplace bullying? (How do I know if I'm being bullied at work?)

While 'bullying' isn't a standalone legal term, it often overlaps with harassment or a breach of the 'trust and confidence' clause in your contract.

What qualifies as workplace bullying can include being ignored, singled out for unfair criticism, or given impossible workloads.

Signs of workplace abuse include verbal insults, spreading rumours, or being undermined in front of colleagues.

What is an example of bullying in the workplace?

• Being constantly overruled or ignored without reason.
• Unfair treatment like being excluded from team meetings or emails.
• Humiliation in front of others or 'cyber-bullying' via company messaging apps.
• Excessive monitoring or micro-management designed to make you fail.

What are examples of discrimination in the workplace?

Discrimination at work examples include being overlooked for promotion because of age, or being selected for redundancy because of pregnancy.

It can also include 'micro-aggressions' or a workplace culture that makes people from certain backgrounds feel unwelcome.

If you can point to someone else (a 'comparator') who is being treated better than you, you may have grounds for a claim.

Quick eligibility checks

• Your legal status matters: employees can claim unfair dismissal, workers can still claim for discrimination or unpaid wages.
• There must be a clear event such as dismissal, detriment, or loss of pay.
• Most claims have strict time limits, often 3 months less 1 day from the act.
• Unfair dismissal usually needs 2 years service, but some reasons are automatically unfair from day one.
• If you can, raise concerns internally so there is a clear record.

Signals a case may be stronger

• No investigation or hearing before the decision.
• Policies were ignored or applied inconsistently.
• The decision maker had a conflict or made the choice in advance.
• The issue appeared right after a protected act (for example raising a grievance).
• The reason given does not match the evidence.

What qualifies as unfair dismissal?

Under UK law, unfair dismissal uk is when your employer terminates your contract without a fair reason or fails to follow a fair disciplinary procedure.

To qualify, you usually need 2 years qualifying service, though there are 'automatically unfair' reasons where no length of service is required.

If you believe your termination was unjust, you can bring an unfair dismissal claim to an employment tribunal to seek compensation or reinstatement.

What is the 2 year rule in the UK?

• Qualifying Period: You must have at least two years qualifying service to claim standard unfair dismissal.
• Continuous Service: This means 24 months of continuous employment with the same employer (or linked employers).
• The Extension: The 2 years qualifying service rule is a strict requirement, but it doesn't apply to discrimination or whistleblowing cases.
• Effective Date of Termination: Your service is calculated up to your 'EDT', which is the final day of your notice period.

What are the 5 reasons for fair dismissal?

1. 01

   Capability

   If you are physically or mentally unable to do your job, or lack the necessary skills/qualifications.

2. 02

   Conduct

   Issues including poor timekeeping, insubordination, or gross misconduct like theft.

3. 03

   Redundancy

   When the business no longer needs your role or is closing down a specific location.

4. 04

   Statutory Illegality

   When continuing to employ you would break the law (e.g., a driver losing their license).

5. 05

   Some Other Substantial Reason (SOSR)

   A catch-all for fair reasons that don't fit the other categories, like a client refusing to work with you.

First steps to take

1. 01

   Build a timeline

   Write dates, people involved, and what was said or done.

2. 02

   Collect documents

   Save your contract, handbook, emails, meeting notes, and payslips.

3. 03

   Check the deadline

   Use the limitation date tracker to find your likely deadline.

4. 04

   Consider a grievance or appeal

   A short, factual complaint can strengthen the record.

5. 05

   Get early advice

   An adviser can help you focus on the strongest claims.

Evidence checklist

• Employment contract and job description
• Staff handbook and relevant policies
• Performance reviews and warning letters
• Emails, messages, or meeting notes
• Pay records and schedules

Common questions