From Complaint to Compliance: A Practical Case Study on Workplace Discrimination

November 19, 2025
Did you know?

A recent CV-Library survey found 42% of construction workers have experienced or witnessed discrimination, and only half see the sector as diverse and inclusive. Progress has been made, but these figures show discrimination remains a serious issue.

So, what should an employer do when an employee raises a sex discrimination complaint? It’s not just about policy, it’s about process.

This practical case study walks through how HR and employers can respond effectively and reduce risk.

The Scenario:

Amira, a female employee, alleges that a male colleague has made discriminatory comments. How should HR and employers respond?

Your 5-Step Framework
1. Informal Resolution – Start Smart
  • Create a safe space: Amira should feel heard without fear of retaliation ideally by someone not involved in the complaint.
  • Document everything: Even informal discussions should be noted and next steps confirmed.
  • Avoid shortcuts: Never pull both parties into a room without prior consent, this can escalate tensions.
  • Clarify next steps: If the situation cannot be informally resolved, explain the formal grievance process.
2. Grievance Investigation – Act Quickly, Stay Neutral
  • Timing matters: Arrange a grievance meeting with Amira promptly (ideally within 5 working days).
  • Separate if necessary: If needed, use temporary adjustments (like reassignment or potentially suspension) to prevent further conflict.
  • Be flexible: consider whether any reasonable adjustments are necessary.
  • Impartiality is key: The investigation must be impartial and the investigator should be objective and not involved in or related to the grievance.
  • Gather evidence: Amira, Dave and witnesses will need to be interviewed.  Documents may need to be reviewed.  The investigator should keep detailed notes and document their thought process as the investigation progresses.
  • Interviews: Remember Amira will have the statutory right to be accompanied by a colleague or trade union representative.  No other parties, do but as a matter of best practice you may wish to allow Dave and any other witnesses to also be accompanied. Have a note-taker minute the meetings and give participants a chance to review and agree any notes that are collated.
  • Confidentiality: Keep all personal information confidential, but do not guarantee anonymity.
  • Offer support: Amira, Dave and any other affected employees should be provided with support where necessary.
3. Grievance Outcome – Communicate Clearly
  • Consideration: the grievance manager should consider the evidence before delivering an outcome.
  • Written decision: the outcome should be clearly communicated in writing to Amira, setting out whether its upheld and outlining the next steps.
  • Right of appeal: explain to Amira how and when she can appeal the outcome.
  • Balance confidentiality: share enough with both Amira and Dave when delivering outcomes, but you need to ensure you’re not compromising anyone’s confidentiality.
  • If an outcome of the grievance is that Dave will be subject to a disciplinary process, that should not be shared with Amira, as to do so could compromise Dave’s confidentiality.
  • Likewise, Dave should also be informed of the outcome of the grievance but in such a way which does not compromise Amira’s confidentiality.  Amira should also be made aware that Dave will be notified of the grievance outcome.
4. Grievance Appeal – A Genuine Review
  • Fresh eyes: a more senior manager (or someone at an equivalent level) not involved in the original decision should handle this.
  • Transparency: communicate timelines to both Dave and Amira and offer support where necessary.
  • Fair process: reassess evidence, allow representation and document everything.
  • Final stage: confirm the decision in the appeal is final.
5. Tribunal Risk – The Cost of Getting It Wrong
  • Acas is mandatory: Amira would have to contact Acas to initiate Early Conciliation to attempt to resolve the dispute.
  • Financial exposure: failure to follow the Acas Code of Practice in the grievance process may result in increased compensation being awarded (up to 25%).
  • Reputational risk: mishandling complaints can damage your brand and employee trust.  Any findings of discrimination are also reportable as part of many pitch/ tendering processes in the sector.
Why this matters?

Discrimination claims are high risk. Handling sex discrimination complaints requires sensitivity and fairness. Employers must foster a culture where complaints are taken seriously and resolved effectively. Following the Acas Code of Practice and complying with requirements under the Equality Act 2010 not only protects employees but also shields employers from legal and reputational risks.

Final Tip: seek legal advice at the earliest opportunity to look at how risks for discrimination based findings can be mitigated.

To discuss the topics raised within this article, please contact us.

Alex Harper
Senior Solicitor, Employment
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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