If you are experiencing unfair treatment at work, then you are not alone. Many UK employees face difficult workplaces and are left unsure if this is just unfair treatment or unlawful treatment. In this article we explain what can be done if you are unhappy at work and how to recognise unlawful behaviour that is more serious. Knowing how to address work issues is important.
What Is Unfair Treatment At Work?
Unfair treatment at work can take many forms, which makes it a tricky subject to tackle. Although generally, unfair treatment at work is being treated badly or differently to others. Some examples are:
- Being ignored or excluded.
- Being shouted at or spoken to disrespectfully.
- Being micromanaged without good reason.
- Being given unrealistic workloads or targets.
- Being passed over for promotion unfairly.
- Receiving unjustified criticism.
However, not all unfair treatment at work is unlawful. There are a few key considerations:
- Your length of service. You must have been employed for at least two years to claim constructive unfair dismissal or unfair dismissal.
- The severity of the treatment.
- The terms of your contract.
- The reason for the unfair treatment at work.
Examples – Unfair Treatment At Work Being Unlawful
Some examples where unfair treatment at work might be unlawful.
- Discrimination: Being treated differently because of a protected characteristic (such as age, disability, race, sex, pregnancy, religion, or sexual orientation).
- Harassment: Being subjected to unwanted behaviour related to a protected characteristic that creates a hostile, degrading, or offensive environment.
- Victimisation: Being treated badly because you made a complaint about discrimination or supported someone else’s complaint.
- Whistleblowing: Being mistreated because you raised concerns about wrongdoing (e.g., health and safety breaches, criminal activity, or regulatory failings).
- Constructive Unfair Dismissal: Where your employer’s behaviour is serious enough to amount to a fundamental breach of contract, that you are entitled to resign and treat yourself as dismissed
- Breach of Contract: If your employer treats you in a way that breaches the terms of your employment contract, for example by demoting you without cause or failing to pay you.
Often what is important with the above, is the reason behind your treatment. For example, not inviting you to a work social is unlikely to be unlawful, unless the reason is a “prohibited reason,” such as because of a protected characteristic.
If you are receiving unfair treatment at work, we believe you should Stay Employed, Take Advice, Act Quickly. You can call us on 0207 118 9218 for a free and no obligation discussion about your options.
Does Unfair Treatment At Work Always Mean You Can Claim?
Sadly not. For example:
- If you being pressured into an intolerable workload, this could amount to constructive unfair dismissal, but only if you have been employed for at least 2-years.
- If you are dismissed without good reason, you can only claim unfair dismissal if you have 2-years service.
- If you have less than 2-years service, you may need to link the unfair treatment to discrimination, whistleblowing or one of the other prohibited reasons, which can be difficult.
What to Do If You’re Being Treated Unfairly
If you’re facing unfair treatment at work:
- Keep a written record of what is happening, including dates, times, and witnesses.
- Save copies of relevant emails, messages, or meeting notes, but don’t breach any internal data policy.
- If you want to stay with the Company long term, consider raising your concerns internally. You can start informally and go formal (such as a grievance) if required.
- If you want to leave, don’t resign. Stay Employed, Take Advice, Act Quickly.
Acting quickly is important. Strict time limits apply to employment tribunal claims, usually three months less one day from the act complained of. See our employment tribunal time limit calculator for more details.
How Toner Legal Can Help
At Toner Legal, we help employees facing unfair treatment at work. Whether you are being discriminated against, pushed out, or simply unsure about your rights, we’re here to help.
We advise on:
- Workplace discrimination, harassment, and victimisation.
- Constructive dismissal claims.
- Settlement agreements.
- Negotiating exits with tax-free compensation and references.
- Protecting your reputation.
If you’re experiencing unfair treatment at work, please call us on 0207 118 9218 or complete a Free Online Enquiry and we will be in touch. We’ll help you understand your rights and your options and support you every step of the way.
Frequently Asked Questions
What is classed as unfair treatment at work?
Unfair treatment at work includes being treated differently, less favourably, or badly compared to others. It covers things like exclusion, micromanagement, unfair criticism, and unreasonable workloads. However, for legal action to be possible, your length of service is important or the unfair treatment usually needs to relate to discrimination, whistleblowing, breach of contract, or another protected reason.
Is unfair treatment at work illegal?
Not all unfair treatment is illegal. For unfair treatment to be unlawful, it usually must involve discrimination, harassment, victimisation, whistleblowing, breach of contract, or constructive dismissal. Simply being treated badly or unfairly without a protected legal reason may not be enough for a claim.
What is constructive dismissal?
Constructive dismissal happens when your employer’s behaviour is so serious that you feel forced to resign. This could include ignoring grievances, bullying, cutting your pay without agreement, or breaching your trust and confidence. You must have at least 2 years’ continuous service to claim. If you are in this situation, we suggest you Stay Employed, Take Advice, Act Quickly.
Can I claim compensation for unfair treatment at work?
Yes, if the unfair treatment falls into a legally protected category. You may be able to claim compensation for unfair dismissal, discrimination, harassment, victimisation, or whistleblowing detriment. The amount depends on several factors, which is something an employment lawyer can advise you on.
Should I resign if I’m being treated unfairly at work?
Not without taking legal advice first. Resigning can weaken your legal position and affect your ability to negotiate a good settlement. We usually advise: Stay Employed, Take Advice, and Act Quickly. You often may more options, if you stay employed.
What should I do if I’m experiencing unfair treatment at work?
Keep a detailed record of incidents, save any supporting documents (such as emails or messages), and seek legal advice as early as possible. Acting quickly is vital, as strict time limits apply if you need to bring a legal claim.