Experiencing unfair treatment at work can be distressing and isolating. For many employees in Wigan and across the UK, workplace discrimination is a serious concern that can affect job satisfaction, career prospects and mental health. The good news is that UK law provides robust protections to ensure individuals are treated fairly, regardless of their personal characteristics.
In this article, we explore what workplace discrimination looks like, the legal protections available under UK law, the steps you can take if it happens to you, and how Marley Solicitors can support you in seeking justice.
What is workplace discrimination?
Workplace discrimination occurs when an employer, manager or colleague treats someone unfavourably due to a specific attribute. In legal terms, these attributes are called protected characteristics. The law is designed to ensure that individuals are not judged, excluded or punished for who they are.
Under the Equality Act 2010, employees are protected against discrimination based on:
- Age
- Disability
- Gender reassignment
- Marital or civil partnership status
- Pregnancy or maternity
- Race (including ethnicity, nationality and colour)
- Religion or belief
- Sex
- Sexual orientation
Discrimination can take many forms and may be subtle or overt. It might be a one-off incident, a pattern of behaviour, or even something embedded within workplace policies.
Common examples of discriminatory behaviour at work
Not all unfair treatment at work qualifies as discrimination in a legal sense. However, if it is linked to a protected characteristic, it could be grounds for legal action. Some examples include:
- Being denied a promotion due to age or gender
- Receiving lower pay than colleagues for the same role
- Facing inappropriate jokes or offensive comments
- Being overlooked in training or development because of pregnancy
- Having responsibilities removed after disclosing a disability
- Experiencing exclusion or bullying due to your religion or ethnicity
If any of these situations sound familiar, it’s worth exploring your legal rights and considering the next steps.
The different types of discrimination
To understand how the law protects employees, it’s important to distinguish between the key forms of discrimination recognised by UK employment law.
Direct discrimination
This occurs when someone is treated less favourably because of a protected characteristic. For example, if a qualified woman is passed over for a job by a less qualified man because of her gender, that could constitute direct sex discrimination.
Indirect discrimination
This refers to company policies or practices that appear neutral but disproportionately disadvantage a certain group. For instance, requiring all staff to work full-time on-site may disadvantage disabled employees or parents with caring responsibilities.
Harassment
Harassment includes behaviour that creates a hostile, intimidating, or degrading work environment. It might include mocking someone’s accent, making inappropriate remarks about their appearance, or displaying offensive material in the workplace.
Victimisation
Victimisation arises when someone is treated unfairly because they have made a complaint about discrimination or supported another employee’s claim. Retaliating against an employee for asserting their rights is unlawful.
Discrimination by association or perception
You do not have to possess the protected characteristic yourself to be discriminated against. Being associated with someone who does (such as a disabled family member) or being perceived to have a characteristic (such as being wrongly assumed to be of a particular religion) also counts under the law.
Employee rights in Wigan under UK law
Whether you work at a local Wigan business, a public sector organisation or a national company with offices in the region, the Equality Act applies to your employment. Every employee, regardless of contract type or working hours, is entitled to a workplace free from discrimination.
In addition to the Equality Act, other legislation that may come into play includes:
- Employment Rights Act 1996 – covering unfair dismissal and employment contracts
- Health and Safety at Work Act 1974 – particularly relevant where working conditions affect mental or physical wellbeing
- Human Rights Act 1998 – offering protections around privacy, freedom of expression and belief
Employers have a legal duty to take reasonable steps to prevent discrimination and address complaints seriously. Failure to do so can result in liability at an employment tribunal.
What to do if you’re facing discrimination at work
If you believe you’ve experienced workplace discrimination, it’s important to act quickly and strategically. Here are the steps we recommend:
- Record what’s happening
Keep detailed notes of any incidents, including dates, times, what was said or done, and who was present. Save any relevant emails, messages or meeting notes. This evidence can be crucial if you decide to take formal action.
- Review your company’s policies
Check your employer’s handbook or internal HR documents. Most organisations have grievance procedures and anti-discrimination policies in place. Understanding these can help you decide on your approach.
- Raise the issue informally
Where appropriate, consider speaking to your manager or HR team. Sometimes, issues can be resolved through honest conversation. However, if the issue is serious or involves senior staff, informal routes may not be suitable.
- Submit a formal grievance
If informal discussions don’t resolve the matter, you can make a formal complaint. This creates an official record and requires the employer to investigate your concerns properly.
- Engage ACAS
Before taking legal action, you are generally required to notify ACAS (Advisory, Conciliation and Arbitration Service). They offer early conciliation services, aiming to resolve disputes without going to tribunal. This step is mandatory before lodging an employment tribunal claim.
- Seek legal support
An experienced lawyer can help you evaluate your case, understand your options and protect your rights. If your employer does not respond appropriately, legal action may be the most effective way to secure justice and compensation.
What outcomes can you expect from a legal claim?
If your discrimination case proceeds to an employment tribunal and is successful, you may be awarded:
- Compensation – for lost earnings, future income, and emotional distress
- A formal declaration – confirming that unlawful discrimination occurred
- A recommendation – that your employer takes specific steps to prevent future incidents
There is no financial cap on compensation in discrimination claims, meaning the tribunal can award sums it considers fair based on your losses and the seriousness of the harm caused.
Why choose Marley Solicitors in Wigan?
At Marley Solicitors, we understand that dealing with workplace discrimination can be overwhelming. Based in Wigan, we’re proud to offer personal, expert legal support to local residents who have been treated unfairly at work.
Our employment law team provides:
- Clear advice based on your specific circumstances
- Assistance with grievances, ACAS conciliation and tribunal claims
- Skilled negotiation with employers
- Representation in hearings if needed
We are committed to protecting employee rights and holding employers accountable for discriminatory behaviour. Every case is handled with sensitivity, confidentiality and professionalism.
Whether you’re unsure of your rights or ready to pursue a claim, we’ll be by your side from start to finish.
Final thoughts
Discrimination has no place in the modern workplace. If you’ve been treated unfairly because of who you are, it’s important to know that the law is on your side. With the right support, you can take meaningful steps toward holding your employer accountable and achieving a fair outcome.
If you’re in Wigan and need legal advice about a discrimination issue at work, contact Marley Solicitors today. Our experienced team is here to help you take action confidently and with clarity.
