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Home > Our Expertise > Discrimination Claims

Making a claim for discrimination at work

If you think there has been discrimination against you at work, you could have a claim against your employer.

If you do wish to make a claim for discrimination, there is a strict three-month time limit in which to do so. The time limit runs from the last act or acts of discrimination.

It is always a good idea to keep a written record of any acts of discrimination, so that if and when you do make a claim, you have accurate information to work from.

Discrimination claims can be related to other types of employment claims. So, for example, the discrimination may be related to unpaid wages, or unfair dismissal. Because of this, discrimination claims can be very complicated. There can be more than one time limit running within the same claim.

Unlike most other types of employment claim, there is no minimum length of service required in order to bring a claim of discrimination. So, if you think your employer is discriminating against you, it is always a good idea to get legal advice.

Types of Discrimination

Discrimination can be either direct or indirect.

Direct Discrimination

Direct discrimination means that you have been discriminated against on the grounds of gender, being married or having a civil partner, race, religion or belief, sexual orientation, age or disability.

To be successful in a Claim for Direct Discrimination, you must be able to show that:

  • There was less favourable treatment on the grounds of gender, being married or having a civil partner, race, religion or belief, sexual orientation, age or disability.
  • The treatment you received was different to the treatment of others. It is not enough to be simply unfair treatment - you have to show that the treatment was a direct result of one of the factors noted above.
  • It is also useful (though not essential) to have a real-life comparator.

Indirect Discrimination

Indirect discrimination means your Employer has applied a provision or practice which disadvantages you and which would tend to disadvantage others of your race, sex, age, disability etc.

It is not unlawful if your Employer can justify the provision or practice by showing that it is a proportionate means of achieving a legitimate aim.

Do you think you could have a claim for discrimination at work?

If you think you have experienced discrimination at work due to your gender, race, religion, sexual orientation, age, disability or marital status, our employment solicitors could help you to bring your case to the Employment Tribunal. Call us on freephone 0800 422 0241 or complete our contact form and we will get back to you.