Employee Discrimination in the Workplace
Employee Discrimination in the Workplace: What Every Employer Needs to Know
Employee discrimination in the workplace remains one of the most complex and potentially costly legal challenges employers can face. As an employer, it’s your responsibility to ensure that your staff are treated fairly, consistently, and without bias. Failing to do so can lead to grievances, tribunal claims, reputational harm, and significant financial penalties.
At EBS Law, we help businesses of all sizes navigate their legal responsibilities with confidence. In this article, I’ll walk you through what counts as discrimination, how to prevent it, and what to do if an issue arises.
Understanding Employee Discrimination in the Workplace
What legally constitutes workplace discrimination?
Under the Equality Act 2010, employee discrimination in the workplace is defined as treating someone unfairly because of a “protected characteristic.” These include:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
Discrimination can be direct (e.g. refusing a promotion based on age) or indirect (e.g. a policy that disproportionately disadvantages one group). Harassment and victimisation also fall under this umbrella and carry the same legal weight.
Real-world examples employers should watch for
Discrimination is not always obvious, and sometimes it arises through policies or actions that seem neutral on the surface. For instance:
- Requiring all employees to work full-time without considering flexible options for returning parents.
- Jokes or “banter” that target race, religion, or gender, creating a hostile work environment.
- Overlooking disabled candidates due to assumptions about capability or future absence.
If these situations go unaddressed, they can lead to serious legal disputes and damage employee morale and retention.
Why discrimination claims are on the rise
There’s been a noticeable increase in employment tribunal claims involving discrimination in recent years. This is partly due to greater employee awareness of rights, but also because of workplace pressures, remote working challenges, and generational shifts in expectations. It’s more important than ever that employers are proactive and well-informed.
How to Prevent Employee Discrimination in the Workplace
Training and policy implementation
The first line of defence against employee discrimination in the workplace is clear policy and consistent training. Ensure all staff understand what discrimination looks like, how to report it, and that you take complaints seriously. Equality and diversity training should be mandatory and regularly updated.
Recruitment and promotion practices
Review your hiring, promotion, and redundancy processes to ensure they are transparent and based solely on merit. Use objective criteria and standardised scoring to reduce unconscious bias. This is especially crucial for SMEs, where informal practices can unintentionally lead to exclusion or inequality.
Documenting decisions and complaints
Always keep accurate, dated records of decisions relating to recruitment, performance management, grievances, and disciplinaries. This documentation can protect your business in the event of a tribunal claim and shows that your organisation operates with integrity and consistency.
What to do if a complaint is made
If you receive a discrimination complaint, act quickly and fairly. Investigate thoroughly, seek legal advice early, and avoid retaliating against the employee. It’s also important to maintain confidentiality and avoid making assumptions about who is “right.”
If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk for tailored support.
Handling Employee Discrimination Claims Effectively
Internal grievance vs. tribunal claim
Most cases of employee discrimination in the workplace begin with an internal grievance. If this process fails or the employee is unsatisfied, they may escalate the matter to an employment tribunal. Responding professionally and within deadlines is critical — tribunal claims have strict rules and failing to comply can result in default judgments against you.
Legal support during investigations
Having an employment solicitor involved during internal investigations adds credibility and helps ensure compliance. We often support employers by advising on process, reviewing communications, and attending meetings where appropriate. This shows your business takes complaints seriously and seeks a fair resolution.
Minimising reputational and financial risks
Even if you win a case, a discrimination claim can damage your company’s image. Public listings of tribunal outcomes, employee reviews, and social media all carry weight. The best protection is prevention — but where issues do arise, early legal intervention can minimise both financial and reputational fallout.
How EBS Law supports employers
At EBS Law, we don’t just offer legal defence — we help you build a stronger, fairer workplace. Our services include:
- Drafting and reviewing equality and disciplinary policies
- Training sessions for managers and staff
- Immediate legal advice when a complaint or claim arises
We’re trusted by businesses across the UK to provide clear, commercial advice that protects their interests without unnecessary legal jargon.
Conclusion: Protecting Your Business from Employee Discrimination in the Workplace
Employee discrimination in the workplace can affect any business — but with the right approach, training, and legal support, it’s entirely possible to reduce your risk and create a more positive working environment. The law can seem complex, but you don’t have to navigate it alone.
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.