LGBT+ speaker at NEU Annual conference 2024

Tackling discrimination

If you think that you have been discriminated against, gather all the written evidence that you have for example: job adverts, letters, emails and relevant screenshots.

Keep a diary of all incidents of less favourable treatment including dates, times, places, the names of any witnesses and your response to the conduct or behaviour.

It is not always immediately clear whether certain treatment is on grounds of a protected characteristic or for some other genuine reason, so it is sensible to record all the treatment you are concerned about. An employer may or may not intend to discriminate against you or may try to cover up discrimination against you.

The employer should work with the union to find out the real reason for the treatment, to stop the treatment if it is discriminatory and to secure appropriate action, for example, to obtain a full written apology or to secure a pay award that you have been denied.

Ask your workplace rep or school or college office for copies of relevant workplace policies, for example, pay policies, capability procedures, redundancy policies. The union urges all employers to adopt policies and procedures that prohibit unlawful discrimination and which allow employers to identify and tackle any discrimination fairly and quickly.

Discuss your concerns with your workplace rep. Your colleagues may have made similar complaints and you may be advised to tackle the issue with them collectively.

You or your rep might decide to contact the NEU for further advice. The union will be able to advise what steps you should take. You may be advised to lodge a formal grievance or to lodge a collective grievance with your colleagues. This may resolve the issue.

In rare cases, you may be advised to take the matter to an employment tribunal. The objective in all cases will be to stop any discrimination and allow you to continue working in a professional environment free from discrimination.

Discrimination claim time limits

Details about how long you have to present a discrimination claim to a tribunal.

Protected characteristics

Race discrimination

All teachers and educational professionals have specific protection from discrimination at work on grounds of race under the Equality Act 2010.

Sex discrimination

All teachers and educational professionals have specific protection from discrimination at work on grounds of sex, marriage, civil partnership, pregnancy, maternity and transgender status, and to equal pay under the Equality Act 2010.

Sexual orientation discrimination

All teachers and educational professionals have specific protection from discrimination at work on grounds of sexual orientation and civil partnership under the Equality Act 2010.

Religion or belief discrimination

All teachers and educational professionals have specific protection from discrimination at work on grounds of religion, religious belief, philosophical belief or lack of religion or belief under the Equality Act 2010.

Transgender discrimination

All trans teachers and educational professionals have specific protection from discrimination at work on grounds of sex and transgender status under the Equality Act 2010, as well as from the unlawful disclosure of transgender status.

Disability discrimination

Guidance on what to do if you experience workplace disability discrimination.

Age discrimination

All teachers and education professionals have specific protection from discrimination at work on grounds of age under the Equality Act 2010.

If discrimination or harassment is making you ill

Follow the advice above on gathering information and seeking advice. Keep a record of how you believe discriminatory treatment or harassment has affected your health, e.g., your symptoms and any absences from work. You are advised to see your GP and to let your employer know in writing that the treatment at work is affecting your health.

The union can help you write this letter. If you believe that the stress of discrimination or harassment at work has led to depression, an anxiety disorder or psychosis, you may be suffering from a recognised psychiatric illness. If so, you should seek immediate advice from the union. See NEU contact details.

What your employer or agency should do

Your employer or agency should investigate your complaint, stop any discrimination, take appropriate action and prevent it from happening again to you or someone else. Employers in the education sector should comply with the public sector equality duty to eliminate discrimination and advance equality.

If the employer treats you worse after raising the issue

You should contact your workplace rep if you are subjected to detrimental treatment in retaliation or as punishment for raising a complaint of discrimination. This is called 'victimisation' and is prohibited by the Equality Act.

What more you can do

Employers in the education sector have a statutory duty to be proactive in eliminating discrimination and promoting equality of opportunity for staff and pupils. They must assess the impact of their policies and procedures on the people affected by them, and take steps to remove any barriers that come to light where it is proportionate to do so. Contact your workplace rep, branch secretary or local equality officer if you want to get involved in reviewing the equality impact of policies and procedures in your workplace.

Make sure that you receive information about NEU equality events and conferences and about the equality constituency seat elections for the NEU national executive. If you have not told the union about your ethnicity, sexual orientation or disability status, you may miss out on important information. Update your membership details to ensure you are fully informed. The information that you provide will remain strictly confidential. The data will form the basis of anonymous statistical reports which will help identify trends in workplaces and barriers to participation in the union's structures.

You are not alone in this union

When you read through this document you may have questions about what happens in your particular school or workplace, and there may be collective issues that affect other members.

In most circumstances, you should initially discuss the matter with your workplace rep, as they will know whether similar concerns have been raised by other members. If you do not have a rep at the moment, it would be a good idea to get members together to elect one.

Although you may sometimes feel that you are the only person affected by or concerned about a particular issue, in reality, this is seldom the case. Any difficulties you may experience are likely to be linked to wider conditions at your workplace and as a member of the NEU you have the advantage of being able to act collectively with your colleagues. This should give you the confidence of knowing that you have the weight of the union behind you.

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