If you’re treated unfairly at work because of who you are, the law in England and Wales gives you important protections. This guide explains what counts as discrimination, why “banter” and “jokes” are rarely valid excuses, and the steps you can take.

You will learn:

• What workplace discrimination means in legal terms

• Why “banter” and “lighthearted jokes” are not a defence

• Common examples employees and workers face

• Practical steps to record what is happening and raise concerns

• When and how to bring a claim in the employment tribunal

• Blind spots and pitfalls that can affect your case

This is general information only, but it should help you feel more prepared before speaking to a professional.

Table of contents

1. What is workplace discrimination?

2. Common examples and excuses at work

3. First steps: recording and raising concerns

4. Going further: ACAS and employment tribunal claims

5. Review checks and getting support
   
   

1. What is workplace discrimination?

In England and Wales, equality laws protect people with certain protected characteristics, such as:

• Age

• Disability

• Gender reassignment

• Marriage and civil partnership

• Pregnancy and maternity

• Race

• Religion or belief

• Sex

• Sexual orientation

Discrimination can take different legal forms, including:

• Direct discrimination: Being treated worse because of a protected characteristic

• Indirect discrimination: A rule or policy that puts you at a disadvantage and is not justified

• Harassment: Unwanted behaviour related to a protected characteristic that violates your dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment

• Victimisation: Being treated badly because you complained about discrimination or helped someone else do so

Banter and jokes:
The defence that discriminatory behaviour was “just banter” or a joke is rarely successful in UK employment tribunals. The law focuses on the effect of the conduct on the employee, not the intent of the person making the comments. If the behaviour creates an offensive or hostile environment, it can be unlawful—even if it was meant as humour.

2. Common examples and excuses at work

Examples include:

• Not being shortlisted for a role because of your age or background

• Being paid less than colleagues of the opposite sex doing similar work

• Jokes, comments, or messages related to race, religion, or sexual orientation that create a hostile atmosphere

• Being side‑lined after you return from maternity leave

• Policies that disadvantage disabled employees (for example, refusing reasonable adjustments)

Common excuses:

• “It was just a joke.”

• “We’re always having a laugh here.”

• “Everyone joins in the banter.”

• “They never complained before.”

Legal reality:

• Subjective test: Claims are assessed from the point of view of the person who experienced the conduct. If it was reasonable for them to feel offended or humiliated, it can be harassment.

• Intent is irrelevant: The person making the comments may have meant no harm, but that is not a defence if the effect was offensive.

• Unwanted conduct: Even if someone laughed along or joined in to fit in, they can still bring a claim later.

• Overhearing is enough: You do not need to be directly involved; overhearing offensive jokes can be enough to claim harassment.

Employer liability:
Employers can be held responsible for discriminatory acts by their staff. The only defence is if they can show they took “all reasonable steps” to prevent harassment—such as clear policies and regular training.

3. First steps: recording and raising concerns

If you feel you are being discriminated against:

• Write things down – dates, times, what happened, who was present.

• Save evidence – emails, messages, screenshots, and relevant documents.

• Speak to someone you trust – a colleague, trade union representative, or HR.

You may wish to:

• Raise the issue informally first, explaining what has happened and how it has affected you.

• Submit a formal grievance under your employer’s policy if things do not improve.

Blind spot:
If you do not keep records or act quickly, it can be much harder to prove your case later. Tribunal time limits are strict.

AI‑powered tools can help you draft clear, calm letters and prepare your thoughts before meetings.

4. Going further: ACAS and employment tribunal claims

If internal steps do not resolve the issue, you may consider a legal claim.

Key points:

• Most discrimination claims must be started within strict time limits (often three months less one day from the act complained of). Get advice as early as possible.

• Before you can bring a claim in the employment tribunal, you usually need to contact ACAS for Early Conciliation.

• During Early Conciliation, ACAS tries to help both sides reach a settlement. If no agreement is reached, you receive a reference number that you need for a tribunal claim.

Blind spot:
If discrimination is ongoing (for example, a pattern of behaviour), the time limit may run from the last act. If you miss the deadline, your claim may be rejected unless there are exceptional reasons.

Working back from limitation dates

Discrimination time limits are tight. A practical way to avoid missing them is to:

• Identify the latest discriminatory act you may want to rely on.

• Count three months less one day from that act to get a provisional deadline.

• Start ACAS Early Conciliation well before that date and keep a record of when it starts and ends, as this can affect the final tribunal deadline.

It is sensible to get tailored advice on deadlines as soon as you think a claim may be needed.

Get support with your evidence and next steps

If you are preparing for a tribunal claim, consider using Caira to help you:

• Organise your evidence and letters in one place

• Identify key dates and deadlines

• Prepare for meetings with ACAS or your solicitor

You can start with a free 14‑day trial with no credit card required. After that it is an affordable monthly service at £15/month – a relatively cheap way to feel more prepared before and between conversations with human advisers.

5. Review checks and getting support

Facing discrimination can be emotionally draining.

• Wellbeing check: Consider support from friends, family, a GP, or counselling services.

• Advice check: Speak to a trade union, advice centre, or specialist solicitor who understands discrimination law in England and Wales.

• Deadline check: Make sure you know your key limitation dates for potential claims.

AI‑powered legal support tools can help you organise your notes, understand letters, and prepare for meetings with advisers or representatives.

Using Caira to organise your evidence and letters

If you already have grievance letters, emails, meeting notes or a draft settlement agreement, you can upload them to Caira, an AI‑powered legal assistant for England and Wales.

With Caira you can:

• Upload PDFs, DOCX files, spreadsheets, and photos or screenshots of messages and documents.

• Ask questions like ''What is this letter really saying?'' or ''How does this relate to discrimination law?''.

• Get plain‑English summaries, timelines, and suggested points or questions for ACAS, your union or your solicitor.

Caira is privacy‑first and draws on a library of more than 10,000 legal and tax documents for England and Wales together with your uploads to provide context‑aware explanations.

You can start with a free 14‑day trial with no credit card required. After that it is an affordable monthly service at £15/month – a relatively cheap way to feel more prepared before and between conversations with human advisers.