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My boss is discriminating against me, can I leave this job and claim against the company?

As general points, gather evidence, names of witnesses, or documents (while everything is fresh in your mind) that shows how your boss has been discriminating against you.

Discrimination in employment is a complex area of the law, so we recommend taking advice at an early stage. The characteristics that are protected in our equality laws are:

  • Age
  • Disability
  • Gender reassignment
  • Marriage and civil partnership
  • Pregnancy and maternity
  • Race
  • Religion or belief
  • Sex
  • Sexual Orientation

There are also various different types of discrimination to consider including: direct, indirect, harassment, and victimisation, that need careful consideration in making any claim.

If you feel that your employer’s conduct is so serious as to leave you no choice but to resign, please refer to the specific FAQ on constructive dismissal. We recommend that you take advice from  our specialist employment team before doing so. The employer’s conduct must be sufficiently serious to justify your resignation, not something minor. It must go to “the root of the contract of employment” so it is quite a high threshold to reach.

If you would like to exit your employment under a negotiated agreement, please refer to the specific FAQ on this.

If you feel unhappy with the way you are being treated by your employer, and want to raise this so it can be resolved, please refer to the specific FAQ on this. Your employer may have a section of their Grievance policy (or a separate policy) that covers how you should raise any complaint about a ‘Dignity at Work’ issue, which you should follow.

It’s important to realise you are not alone and that there is legal protection which can be sought.

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