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The pros and cons of the different steps you can take

Your optionsThe pros……And the cons

Talk to the person discriminating against you

  • If you think that they don’t realise what they’re doing, this might put a stop to the discrimination quickly.
  • It’s easy for conversations like this to turn sour. You will have to keep very calm or you may give them an opportunity to complain about you. If you think they'll take it badly, it would be better to speak to your manager informally.

Talk informally to your manager

  • If you tell your employer you’re being discriminated against, they have to take reasonable steps to put a stop to it. If they don’t, you can bring a claim in an employment tribunal.
  • Giving people a chance to sort things out informally can help prevent damaging your relationships.
  • It might not be possible. Some organisations have a policy of dealing with all discrimination issues formally.
  • There’s no formal record of the complaint which might be useful if you need to take further action in the future, although you can keep a note of any conversations you have.

Ask to be moved

  • You escape from the discrimination.
  • You don’t have to confront anyone about it.
  • This might not be possible.
  • Why should you have to move? It’s not your fault.
  • If you don’t stand up to them, they’re likely to keep on doing it to others.

Make a formal complaint (called raising a grievance)

  • If you tell your employer you’re being discriminated against, they have to take reasonable steps to put a stop to it. If they don’t, you can bring a claim in an employment tribunal.
  • It can be stressful. You’ll probably have to go to meetings with senior management, for example.
  • No-one likes to be criticised, so making a formal complaint could damage your relationships at work.
  • If it doesn’t work, it can eat into the three months time limit you have to take a claim to an employment tribunal.

Try conciliation

  • You can suggest whatever solution you want and it’s up to you what you agree to.
  • If you still work for your employer, conciliation is less likely to damage working relationships than a tribunal.
  • It’s confidential so you can keep your complaint private.
  • Your employer might refuse to try conciliation.
  • You and your employer might not reach an agreement.
  • It can be complicated if you don’t have a legal adviser representing you.

Bring a claim in an employment tribunal

  • If your employer hasn’t sorted the problem out, this gives you a chance to make them or the person discriminating against you put things right. This will usually be by paying you compensation.
  • It can be stressful, complicated and time-consuming.
  • Few people carry on working for an employer they’ve brought a claim against.
  • Tribunal cases are open to the public so you won’t be able to keep anything private.
  • You might not get the result you want.

Do nothing

  • If your situation is only temporary (for example because you know the person discriminating against you is leaving), the discrimination might stop without you having to take any action.
  • If you don’t stand up to the person discriminating against you, they’re likely to keep on doing it – either to you or to others.

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March 2010

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Is that fair?

Advicenow1

The new Equality Act comes into force from this October. Discrimination is completely unfair and often it's against the law. Our guide highlights your new rights and helps you to recognise when someone might be discriminating against you.

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