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Raising a discrimination complaint at work can be a significant step. Employees may spend considerable time questioning what happened before deciding to speak to their manager or HR, especially when the concern involves decisions that could affect their career.
When they do raise the issue, they expect it to be taken seriously. Problems arise when a complaint is quickly dismissed, important concerns are overlooked, or the employee feels the process focuses more on defending a decision than understanding what happened.
An outcome you disagree with does not necessarily mean that HR has failed to deal with your complaint properly. An employer may investigate a concern fairly and reach a different conclusion. However, the more important questions are how the complaint was handled, whether the relevant issues were properly investigated and how the employee was treated after raising them. Knowing what should happen after a discrimination complaint can help you decide what to do if the internal process leaves important questions unanswered.
What Should Happen When You Raise a Discrimination Complaint?
Employers should take discrimination complaints seriously and look into them as soon as possible. Depending on the circumstances, an issue may initially be raised informally or through a formal grievance procedure.
A fair process should follow the organisation’s policy, give the employee an opportunity to explain what has happened, and allow the employer to establish the facts. If an internal investigation is required, it may involve reviewing documents, speaking to witnesses, and considering evidence from different sides before reaching a conclusion.
The person investigating should also be impartial. This becomes particularly important when the complaint concerns a senior manager, someone within HR, or an individual who would ordinarily handle workplace grievances. Not every complaint will ultimately be upheld. What matters is that the concern is genuinely examined, rather than a conclusion being reached before the circumstances are considered.
Signs Your Complaint May Not Have Been Properly Considered
There can be a noticeable difference between an employer investigating a complaint and deciding the evidence does not support it, and a complaint not being properly investigated in the first place. An employee may have concerns that significant allegations are not addressed, relevant evidence has been overlooked, or people with important information have not been spoken to, without a clear explanation.
The reasoning behind the outcome can also be important. If the response does not address the central issues raised, gives little explanation for its conclusions, or answers a different question from the one the employee actually complained about, it may be difficult to understand how the decision was reached.
For example, an employee might complain that they have repeatedly been overlooked for opportunities because of their race or sex. Simply responding that the successful candidates were ‘better suited’ may not address the concern if the complaint specifically questioned how those decisions were made and whether the same criteria were applied consistently. This does not mean HR must agree with the employee’s interpretation, but it should consider the substance of a discrimination complaint.
What if HR Says there is No Evidence of Discrimination?
One common difficulty is being told there is insufficient evidence to support the complaint. Workplace discrimination does not always involve an obvious email or document confirming the reason for someone’s treatment, and the wider circumstances can be important.
If HR concludes that discrimination did not occur, it is reasonable to want to know how it reached that conclusion. What evidence was considered? Were witness statements taken and examined? Were relevant differences in treatment explored? HR accepting a manager’s explanation for the treatment does not automatically mean the investigation was inadequate. Equally, an employee does not have to assume that an internal finding settles the legal question of whether discrimination occurred.
An internal grievance process and an Employment Tribunal may be worth exploring if concerns remain after an internal decision is made. It may be helpful to review the underlying evidence and how the complaint was handled.
When the Defendant is Closely Involved in the Process
Discrimination complaints can become particularly sensitive where the person complained about is in a senior position within the organisation. Employees may be concerned that established working relationships or reporting structures could affect how the complaint is considered. Similar difficulties can arise if the complaint involves HR itself.
An employer should ensure an investigation is impartial and, where possible, ACAS recommends that the investigator is not involved in the case. That does not necessarily mean an external investigator must be appointed whenever a senior person is involved. The appropriate approach will depend on the circumstances. What matters is whether the process can fairly examine the allegations without a conflict of interest undermining the outcome.
For a senior employee raising concerns about another influential person within the business, understanding who is making decisions and how the investigation is being conducted can therefore be important.
What if Your Treatment Changes After Making the Complaint?
Sometimes the original discrimination complaint is only part of the problem. An employee may raise a concern and then notice a change in how they are treated. Their relationship with management might deteriorate, opportunities may disappear, or they can feel increasingly excluded from discussions that previously involved them.
Sometimes, there may be legitimate explanations for these changes after a complaint, so timing alone does not establish unlawful treatment. However, the Equality Act 2010 contains specific protection against victimisation. Broadly, victimisation can occur where someone suffers a detriment because they have carried out a protected act. This can include bringing discrimination proceedings or giving evidence or information connected with them.
This means the legal issue may no longer be limited to the discriminatory behaviour originally complained about. Any treatment that follows the complaint may also need to be considered separately. For an employee who believes their position has changed after speaking up, keeping a clear record of what happens next can be particularly important.
Can You Challenge the Outcome of a Discrimination Grievance?
If a formal grievance is not upheld, the employer’s procedure may allow an appeal. An employee can explain why they believe the outcome was wrong or the process was inadequate. This might involve identifying evidence that was not properly considered, explaining where conclusions do not appear to follow from the findings or raising concerns about how the investigation was conducted.
A focused appeal should address the reasons given in the outcome and explain why particular aspects remain unresolved, rather than just repeating the original complaint. There may also be situations where new information becomes available after the grievance decision. How to handle this will depend on the circumstances and the employer’s procedures.
For senior professionals, it can be worth considering the wider position before deciding how to respond. An ongoing grievance may occur alongside performance discussions, bonus decisions, restructuring, or negotiations about the future of the employment relationship.
What if HR Still Does Not Resolve the Problem?
Internal grievance procedures can resolve many workplace disputes, but not every discrimination complaint will be resolved through HR. If the complaint remains unresolved, the next step depends on what happened and what the employee wants to achieve. This could involve obtaining specialist employment law advice, considering ACAS Early Conciliation or, where appropriate, bringing an employment tribunal claim.
There are strict time limits for employment tribunal claims and importantly, going through an internal grievance or appeal procedure does not stop the relevant tribunal time limit from running. This can create a difficult situation where an employee is still waiting for an internal process to conclude while a legal deadline is approaching.
It is therefore important not to assume that an unresolved HR process means you do not need to consider the legal position until that process has finished. Often, it is best to get independent legal advice alongside the internal procedure, to ensure your legal rights are protected.
When to Speak to an Employment Discrimination Lawyer
It can be difficult to know what to do when you have raised a discrimination complaint but are concerned about the way your employer has responded. The issue may involve more than whether HR agreed with your complaint. You may need to consider whether the investigation addressed the allegations, whether the evidence supports the conclusions reached and whether your treatment has changed since you raised the concern.
For senior professionals, these issues can become particularly significant where a discrimination complaint begins to affect progression, remuneration, responsibilities or the wider employment relationship. Getting advice at this stage can help you understand whether the original treatment may amount to workplace discrimination, whether subsequent conduct raises concerns about victimisation and your options if the internal process has not resolved the situation.
At Nationwide Employment Lawyers, we advise employees dealing with complex workplace disputes. If you are concerned that a discrimination complaint has not been taken seriously, our employment discrimination lawyers can review what has happened, help you understand your legal position and advise you on the most appropriate next steps. Get in touch with us today.
