Rights and Discrimination
Gathering evidence about discrimination at work
Summary
There are a few steps to gathering the right evidence. First find the policy, rule or practice that makes things worse or more difficult for people with your protected characteristic compared with people who don’t have it. The law calls this policy or rule a ‘provision, criterion or practice’. You’ll need to show that the policy or rule seems to be neutral but has a worse effect on people with your protected characteristic. It doesn’t have to affect everyone with your characteristic. For example, you could argue that a rule which says you must work full time discriminates against women with young children. This discriminates against women because they’re more likely than men to need to work part time because of childcare. * how many men and women work part time or job share * how many men and women have asked for flexible working Your employer might try to justify the way they’ve treated you. Write to them to ask why they treated you the way they did. You could raise this in your grievance letter if you haven’t already written one. Ask why they need to have the rule or why they can’t agree to the changes you’ve asked for. When you know the reason, think about whether your employer.
Key information
- how many men and women they employ
- how many men and women work part time or job share
- how many men and women have asked for flexible working
- how long you’ve had the disability
- the way it affects your day to day activities
- how it will affect your life in the future - for example if you’ll have the condition for the rest of your life
- letters from medical professionals like doctors or physiotherapists that confirm your disability
- evidence from people who help you, like a care worker or family member
- a description of the symptoms I’m being treated for
- the effect of the symptoms on normal day to day activities
- a description of the treatment I’m receiving
- a description of the symptoms I would have if I stopped receiving the treatment
Practical guidance
Related topics
More in this area
Sources
- Citizens Advice — Gathering evidence about discrimination at work
This is signposting information from the Legal Shaman wiki, not legal advice. Always consult a qualified solicitor for your situation.