Demonstrating discrimination in decisions about promotion

Every case is different, but here are examples of factors that could help unions identify discrimination in the context of a member’s non-promotion:

• evidence that the member matches the job specification and has acted up in the role in the past;

• a comparator, such as a less qualified candidate without the protected characteristic who has been awarded the promotion;

• positive feedback on past performance from clients, customers and management, good sales figures, or successful projects delivered on time and to budget;

• satisfactory past appraisals;

• evidence of overtly discriminatory language or hostile or negative attitudes at work, linked to a protected characteristic;

• inconsistencies or vagueness in the employer’s explanations (written and verbal) as to why the candidate was unsuccessful;

• statistical evidence showing low levels of promotion among those sharing the protected characteristic at the workplace;

• breaches of the EHRC Code;

• no clear diversity policy and lack of line management training on diversity issues relating to promotion;

• the employer’s overall approach and track record. For example, has the employer implemented active policies to encourage those from under-represented groups to develop their careers at work?

See also Asking and responding to questions of discrimination in the workplace, Acas.