I think I have been discriminated against at work. What should I do first?

Short answer

If you have been treated less favourably because of a protected characteristic — age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation — you may have a discrimination claim under the Equality Act 2010. Raise an internal grievance first, then contact ACAS Early Conciliation within three months of the discriminatory act.

Time limits are strict. The three-month ACAS notification deadline runs from each act of discrimination, not just the most recent. If the acts form a continuing course of conduct, time may run from the last act.

1 The rule

The Equality Act 2010 prohibits discrimination in the workplace on the grounds of nine protected characteristics. Direct discrimination (treating someone worse because of a characteristic), indirect discrimination (a provision, criterion or practice that puts persons with a characteristic at a particular disadvantage), harassment, and victimisation are all unlawful.

Indirect discrimination can be justified by the employer if it is a proportionate means of achieving a legitimate aim. Direct discrimination and harassment cannot generally be justified.

2 What you can do now

1. 1
   Keep a detailed diary of incidents

   Record each discriminatory act or incident: date, time, what was said or done, who was present, and how it affected you. Note whether you made any complaint at the time and what response you received. A contemporaneous diary is powerful evidence — it is difficult for an employer to dispute a detailed, timestamped account.

2. 2
   Obtain and preserve documents

   Gather relevant documents: your employment contract, any performance reviews, disciplinary or grievance correspondence, emails or messages that demonstrate the discriminatory treatment, and comparator evidence (evidence of how colleagues without your protected characteristic are treated). You have the right to request copies of documents relating to you from your employer using a Subject Access Request — see the <a href="/guides/consumer/subject-access-request" class="body-link">Subject Access Request guide</a>.

3. 3
   Raise a formal internal grievance

   Before going to the Employment Tribunal, raise a formal written grievance with your employer. Describe each act of discrimination, identify the protected characteristic, and say what remedy you seek. Keep a copy. Failure to raise a grievance does not prevent you from bringing a Tribunal claim, but the Tribunal can reduce compensation by up to 25% if you unreasonably failed to use a grievance procedure. A written grievance also creates a paper trail and may resolve the matter internally.

4. 4
   Contact ACAS Early Conciliation

   Before submitting an Employment Tribunal claim, you must notify ACAS for Early Conciliation. Do this before the three-month deadline from the discriminatory act. ACAS will attempt to conciliate for up to six weeks — this pauses the Tribunal time limit. If conciliation fails, ACAS issues an EC certificate allowing you to file your ET1 claim form.

5. 5
   File the ET1 claim form

   Submit your ET1 on the <a href="https://www.gov.uk/employment-tribunals/make-a-claim" target="_blank" rel="noopener noreferrer">Employment Tribunals Service portal</a> after receiving your ACAS EC certificate. Describe each act of discrimination, the protected characteristic, and the remedy you seek (compensation, declaration, recommendation). There is no fee for Employment Tribunal claims. See the <a href="/guides/work/employment-tribunal-hearing" class="body-link">Employment Tribunal hearing guide</a> for what to expect next.

3 When this does not apply

• Disability discrimination has additional rules: a failure to make reasonable adjustments is a separate form of discrimination, and direct disability discrimination cannot be objectively justified.
• Pregnancy and maternity discrimination is treated differently from sex discrimination — it does not require a comparator.
• If you are self-employed or a contractor, your rights depend on whether you are a "worker" under the Equality Act — the definition is broad and includes many independent contractors.

4 Common questions