If an employee believes they have been discriminated against at work, they have several routes open to them under the Equality Act 2010, and how you, as the employer, respond can make the difference between resolving the issue and facing a costly tribunal claim. Here is a plain-English guide for England and Wales.
What an employee can do
1. Raise it informally. Often the first step is an informal conversation with a manager or HR to flag the concern.
2. Raise a formal grievance. The employee can invoke your grievance procedure, setting out the complaint in writing. You should handle it under the Acas Code of Practice.
3. Ask questions / gather information. The employee may ask for information about how they were treated compared with others, and gather evidence (emails, witnesses, notes).
4. Contact Acas, early conciliation. Before bringing a tribunal claim, the employee must usually go through Acas early conciliation, which offers a chance to settle without litigation.
5. Bring an Employment Tribunal claim. If unresolved, the employee can claim in the Employment Tribunal, generally within three months less one day of the act complained of (extended for the conciliation period). Discrimination claims need no qualifying service, can be brought by applicants too, and carry uncapped compensation including injury to feelings.
6. Other related steps. Depending on the facts, they might also raise whistleblowing or victimisation concerns, or refer to a regulator.
How you should respond as an employer
Take it seriously and act promptly. Ignoring or dismissing a complaint is risky and can worsen liability.
- Follow a fair procedure, investigate the grievance properly and impartially under the Acas Code, and hold a grievance meeting with the right of appeal.
- Investigate the facts, gather evidence, interview those involved and witnesses, and keep records.
- Do not victimise, never treat the employee detrimentally for raising a discrimination complaint; victimisation is itself unlawful.
- Consider interim steps, e.g. separating the parties while you investigate, sensitively.
- Address harassment duties, remember the employer's duty to prevent sexual harassment and to maintain a safe, respectful workplace.
- Consider mediation, it can resolve issues and preserve the relationship.
- Take advice, discrimination law is technical and the financial exposure is significant.
Reduce the risk before it arises
- Maintain clear equal-opportunities and anti-harassment policies.
- Train managers and staff regularly.
- Handle recruitment, pay and promotion objectively and keep records.
- Foster a culture where concerns can be raised safely.
Key takeaways
- An employee alleging discrimination may raise it informally, submit a grievance, use Acas early conciliation, and ultimately bring an Employment Tribunal claim (usually within three months less one day, no qualifying service, uncapped compensation).
- Respond promptly and fairly, investigate under the Acas Code, keep records, and never victimise the complainant.
- Remember the duty to prevent sexual harassment and consider mediation.
- Prevent problems with strong policies, training and objective processes, and take legal advice given the high exposure.
Sources
- Equality Act 2010 (discrimination, harassment, victimisation; uncapped compensation; no qualifying period)
- Acas Code of Practice on Disciplinary and Grievance Procedures; Acas early conciliation; Employment Tribunal time limits
- Duty to take reasonable steps to prevent sexual harassment (Equality Act 2010, s 40A)
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor.