The Legal Toolkit
Part III: Taking Action: A Practical Checklist
Whether to take action
We recognise that taking action in response to race discrimination at work is not always straightforward – and for many people, it may not feel possible or safe at all.
Racialised employees often navigate complex realities that shape whether and how they choose to act. These can include imbalanced power dynamics in the workplace, reliance on employment for visa or immigration status, cultural expectations around what it means to be a ‘good’ worker, or backgrounds where raising complaints is discouraged. Many people face a heightened risk of retaliation, carry multiple intersecting identities that compound harm, or have limited trust in internal reporting systems based on
past experiences.
Discrimination is rarely explicit, and may instead emerge through patterns of behaviour, inconsistencies in how organisational processes are applied to employees, or shifting explanations rather than clear statements. Retaliation, where it occurs, is often subtle rather than overt, showing up through exclusion, increased scrutiny, or stalled progression. The stress, anxiety and health impacts of navigating workplace racism are real and significant.
Choosing not to take formal action can be a rational and protective decision for many people. This section is therefore not intended to tell you whether you should take action or how far to pursue a grievance – that is your decision. Instead, it is intended to offer a practical set of steps and considerations for those who decide that raising concerns is right for them.
The following steps are written with employment law in England and Wales in mind, including the Equality Act and guidance from the Advisory, Conciliation and Arbitration Service (ACAS). The aim is to help individuals raise concerns at work in a way that:
- creates a clear and reliable record,
- exhausts internal remedies,
- gives the employer a fair opportunity to rectify matters, and
- protects wellbeing and preserves legal options if external action becomes necessary.
How to take action
Step 1: Record incidents promptly and seek support
Make a detailed note as soon as possible after each incident or meeting, including:
- date, time and location,
- what was said or done (quote words where you can),
- who was present (and any potential witnesses),
- how it affected you (including emotional or health impact).
Keep a running log of the date, content and outcome of all related meetings or discussions. Retain relevant documents (where it’s lawful to do so, being mindful of relevant confidentiality clause and data use policies in your organisations), including emails, messages, meeting invites, notes, policies, and any changes to duties or expectations. It’s understandable that you may want to keep copies of everything especially where you feel unsafe, but keep in mind that it can lead to difficulties if a legal case is brought and raises issues of breach of the employment contract (where an employer might argue for instance that you’ve breached a duty of trust and confidence to an employer or confidentiality or data privacy requirements).
It’s important to be aware that covert audio or video recording at work is usually unacceptable and may itself amount to misconduct or lead to dismissal, unless the employer has expressly consented.
Practical Tip
In confidence, discuss the situation with a trusted person (e.g. mentor, friend, employment lawyer/adviser, union representative, or Employee Assistance Programme, where available). Use this to soundboard next steps, reality-check risk, and protect your wellbeing.
An Employee Assistance Programme (EAP) is a confidential, employer-funded benefit that provides employees with free, 24/7 support for personal or work-related issues. Smaller organisations may not have an EAP. If you work with a larger organisation, your HR should be able to provide more information on whether you have access to EAP in the workplace.
Step 2: Raise an informal grievance – seek clarification and a preferred resolution promptly
Consult your employer or organisation’s grievance policy and equality and/or dignity at work policy, if it has one. These policies often direct you to raise concerns informally in the first instance. They will usually include a procedure under which any grievance or complaint should be dealt with.
If no such policy exists, you could refer to the ACAS Code of Practice on disciplinary and grievance procedures. It sets out the minimum procedure an employer should comply with when handling grievances and disciplinaries. The Employment Tribunal can increase a compensation award by up to 25% in light of an employer’s failure to comply with the ACAS Code of Practice, and reduce a claimant’s award by up to 25% for their failure to comply with this code.
Where it is appropriate and feels safe to do so, raise the issue informally with the individual(s) concerned, either by a short factual email or a meeting.
Identify:
- the conduct (e.g. persistent misnaming, stereotyping, threatening or dismissive language),
- why it was inappropriate,
- the impact on you,the outcome you are seeking (e.g. apology, commitment to respectful conduct, no repetition or moving to different line management or area of the organisation).
Practical Tip
Be realistic about the power dynamics at play. If the individual is senior to you, controls your workload or progression, or has previously reacted defensively, it may not be safe or effective to address matters directly.
If you proceed informally, keep a written record of what was raised/said and any response that you were given.
Step 3: Escalate to HR or your line manager
If informal steps are unsuitable or unsuccessful, identify the most impartial HR contact or senior manager not involved in the incident. Request an urgent meeting and state in broad terms what the issue relates to (e.g. dignity, equality, or safety at work).
Where necessary, ask for interim safeguarding measures, for example:
- not reporting to or meeting alone with the individual you have raised a grievance against,
- a temporary change in duties or reporting lines,
- clear limits on contact pending review/the outcome of your grievance.
You should not feel pressured to agree to an outcome on the spot, but you should consider what outcome or resolution you’d like.
At the initial meeting:
- If you don’t already have these, ask for copies of the organisation’s grievance policy and any conflict‑resolution options,
- don’t agree to outcomes or characterisations of events on the spot,
- take time afterwards to reflect, get advice, and assess your options.
Practical Tip
You’re usually entitled to ask for a trusted colleague or union representative to accompany you. It’s ok to prioritise your wellbeing and support, particularly where there is an imbalance of power or a risk of being disbelieved.
Step 4: Raise a formal grievance if informal steps don’t resolve matters
If the informal grievance doesn’t result in the desired outcome, raise a formal grievance under your organisation’s grievance policy. Even if your workplace doesn’t have a grievance policy, you can raise a formal grievance by sending an email (or letter) to your manager, HR (if there is one), or a senior person in the organisation. If you might struggle to put your concerns down in writing, you could ask for a meeting to discuss them and for a note to be taken of the discussion.
In your grievance, you should specify that you’re raising a formal grievance and cite the Equality Act 2010, setting out:
- the specific incidents (dates, words used, witnesses),
- why the conduct amounts to harassment or discrimination (e.g. related to race, and created an intimidating, hostile, degrading, humiliating, or offensive environment), the impact on your dignity, psychological safety, health and working environment,
- the remedies sought (e.g. apology, training, reassignment of reporting lines, disciplinary action, and monitoring).
Practical Tips
- Ask for the grievance to be investigated by someone independent of the events and for a written outcome and right of appeal.
- Preserve evidence and communications.
- Keep communications professional and in writing where possible.
- Confirm key points and matters discussed in relevant meetings in follow-up emails.
- Retain copies of your own notes and documents as well as your grievance.
- Ensure that any transfer of data or documents to a personal account or device is in compliance with your workplace’s confidentiality and company property policies and your contractual obligations. For example, be aware that downloading, removing or sending confidential company information or company property including documents could amount to a breach of your employment contract.
- Where relevant, include documentary evidence with your grievance (you may include them as attachments if you are submitting a grievance over email) or describe and list each relevant document you are referring to if you do not have access to them.
- Consider protected disclosures and health and safety.
- If there are wider systemic issues or risks (e.g. patterns affecting multiple racialised colleagues), consider whether any disclosure could qualify as a protected disclosure (whistleblowing) and make it through the prescribed channels as provided within your company’s policies (whistleblowing policy, health and safety policy etc.).
- If you feel unsafe, state this and prioritise your safety.
Step 5: Use internal appeal routes
If you’re dissatisfied with the outcome of the grievance, lodge a timely appeal (a deadline for submitting this is usually set out in the relevant policy) setting out errors of fact, gaps in investigation (e.g., failure to speak to you or witnesses, procedural failings), highlight any minimisation of impact or failure to address power imbalance and restate the remedies you’re still seeking.
If matters escalate to litigation, the Employment Tribunal will expect a claimant to evidence that, where possible, they exhausted all internal processes available (for example by submitting a grievance and appealing a grievance decision) before bringing a claim. Failure to comply with the ACAS Code of Practice can result in either party being penalised.
An employee is expected to appeal a grievance decision without delay. If you are concerned about missing the deadline to appeal a decision or grievance outcome, you should communicate your intention to appeal to your employer/organisation and request an extension of time to submit the appeal without delay. An employer is not obliged to grant a request for an extension and so it is advisable that an appeal is submitted quickly.
Taking into account time limits to bring a claim to the Employment Tribunal, a claimant may need to bring a claim before those internal processes have been completed to protect their claim.
Step 6: Explore mediation or a facilitated resolution
Where appropriate, you may want to propose mediation with a neutral facilitator, while making clear that this is not a substitute for the employer’s duty to investigate and address harassment.
Practicalities to be aware of
Request reasonable adjustments
If you are distressed or unwell, ask for adjustments to the investigation process or working arrangements (e.g., a support person in meetings, remote attendance, temporary redeployment). Where relevant, these requests can be framed as health‑related or equality‑related and should be considered seriously by the employer.
While an employer only has a legal duty to make reasonable adjustments if you have a disability, employers are increasingly inclined to make adjustments to processes when asked for health reasons. You might also be able to seek a referral to Occupational Health, a health service used by employers to assist them in making decisions about managing a worker’s health in the workplace. Occupational Health can make recommendations for reasonable adjustments in the workplace. Where an employer refuses to implement reasonable adjustments recommended by Occupational Health, it may evidence unfair or discriminatory treatment.
Maintain continuity and mitigate losses
It may not be advisable to resign in the heat of the moment if you want to preserve your employment or strengthen your position. Continue to attend work if it’s safe for you to do so, and you are well enough to do so, or seek medical advice and provide fit notes if not. This demonstrates reasonableness and mitigates loss. If you are considering resigning, please seek legal advice.
Time limits are critical
Keep in mind the usual time limit for bringing most discrimination claims under the Equality Act in the Employment Tribunal is currently three months less one day (subject to ACAS Early Conciliation). So, for example, if you were dismissed on 1 January, your deadline is usually 31 March. The clock starts from:
- the date of dismissal (for unfair dismissal)
- the date of the discriminatory act (for discrimination)
- the last in a series of acts (for ongoing issues like harassment)
This is important because if you miss the deadline, you may be ‘time-barred’ from bringing a claim.
From October 2026, the time limit for bringing a claim is set to increase to six months as part of the reforms under the new Employment Rights Act 2025.
Starting the ACAS Early Conciliation pauses the time limit for bringing a claim till the conciliation process ends. The rules are technical – don’t assume you have extra time unless you’ve checked this by getting legal advice.
ACAS Early Conciliation
If internal steps fail, initiate ACAS Early Conciliation promptly, while continuing to engage with internal processes. Make clear in correspondence that conciliation has started to manage timelines. Early Conciliation can last for up to 12 weeks (and can be ended by either the employer or the employee before then).
Getting legal advice and deciding when to go to the Employment Tribunal
It is often helpful to get legal advice early, even while internal processes are ongoing, so you understand your options and don’t miss strict time limits. In most cases, employees are expected to try internal procedures first, and tribunals will usually look more favourably on claims where reasonable internal steps were taken.
However, going straight to an Employment Tribunal may be appropriate where internal processes are clearly unsafe, biased, unreasonably delayed, or where the issue is serious and urgent (for example, ongoing harassment or dismissal).
Before any tribunal claim, ACAS Early Conciliation is mandatory, and starting it in time is crucial to protect your position. Legal advice can help you decide whether continuing internally is worthwhile or whether external action is the safer and more effective route.
Time limits are not extended on the basis that there is an internal process ongoing.
Document request and data rights
You have the right to ask your employer for copies of personal information they hold about you under the Data Protection Act 2018 and General Data Protection Regulation 2018 (GDPR). This can include emails, meeting notes, HR records, or scoring documents that mention you. This is often called a data subject access request (DSAR). In plain terms, this means:
- you can ask to see what data your employer has processed about you, and
- you may be able to uncover emails, notes, or records you have not been shown.
An employer should respond to a DSAR within one month of receiving it. If the employer requires more time to respond to the DSAR (up to a further two months) the employer should write within the month to confirm this. This can help you understand how decisions were made and whether the process was fair. It may also provide helpful evidence related to your concerns.
A DSAR is most helpful where decisions affecting you feel unclear or inconsistent. It can be a sensible step if you think relevant emails or notes exist that you have not seen, if explanations for decisions keep changing, or if you want a clearer picture before deciding whether to appeal, escalate the issue, or take legal advice.
Used strategically, a DSAR is about understanding, not confrontation. You may wish to submit a DSAR after a key decision has been made, such as a grievance outcome, performance assessment, or promotion decision. While it may indirectly support later discussions or negotiations by clarifying what evidence exists, it shouldn’t be presented as a threat or leverage. A DSAR is not a bargaining chip in and of itself; its value is in the clarity it provides, which can then inform measured, well evidenced next steps.
Practical Tip
Keep your DSAR request focused (for example, a specific time period or decision). Avoid asking for everything,
as very broad requests can cause delay.
In the same way as you can request a DSAR, so can any other individual in the organisation, so be careful of what names you record and what you say on any organisational communication platforms.
Interim safeguarding measures
Request specific interim controls, for example:
- no further one-to-one contact with the alleged harasser,
- all meetings to have a third person present, and
- a clear point of contact in HR.
Ask for the outcome to be confirmed in writing.
Training and organisational remedies
Request remedial actions to reduce the risk of recurrence. This might include things like Diversity Equity and Inclusion training and clear standards for respectful conduct.
Process literacy is protection
Knowing the employer’s processes and procedures, documenting any deviations from those processes, and keeping timelines strengthens your position.