"Sorry, we do not consider people who need visa sponsorship for this position." - This sentence that was replied to immediately after submitting the resume has made many Chinese in the UK silently close the email. There are also people who were asked during interviews, "Are you Chinese people very quiet?", local colleagues in the same position were given a salary increase but were ignored, and permanent residents were suddenly dismissed for "substandard performance"... Behind these scenes, they may have triggered illegal discrimination under the Equality Act 2010.
🎯 Let’s first figure it out: What counts as “discrimination”?
The Equality Act 2010 lists race, nationality and ethnic origin as protected characteristics. There are four legal levels:
directly discriminates against - giving you worse treatment because you are Chinese (e.g. "We don't hire Chinese"); indirectly discriminates against - seemingly neutral rules actually disadvantage certain ethnic groups (e.g. "must have 10 years of British work experience" blocks new immigrants); harasses - racial jokes, accent ridicule, and unpleasant nicknames; retaliates against - being shoed after complaining.
Pay attention to a high-frequency trap: HR will ask "Do you need visa sponsorship?" as soon as it comes up, and then swipe people across the board based on this - according to the interpretation of Lewis Silkin and other law firms in 2025, this "no sponsorship policy" is likely to constitute direct or indirect racial discrimination, unless the employer can prove "no-cost and feasible alternatives."
⏰ Prime time: 3 months minus 1 day
This is the most easily missed hard deadline: starting from the day when the discrimination incident occurs, within 3 months minus 1 day, you must first contact ACAS to start Early Conciliation (mandatory free mediation), and obtain the EC certificate before submitting the Employment Tribunal (ET). If you miss it, it will be basically invalid.
The good news is: the time limit is expected to be extended to 6 months under the Employment Rights Act 2025, expected to take effect in October 2026. However, before the new regulations are officially implemented, 3 months is still considered the most stable period.
If it is persistent discrimination (continuing act, such as being racially harassed by a colleague for a long time), the time limit starts from the last act; if you miss it, you can also apply for a "just and equitable" discretionary extension, but the passing rate is not high, so don't gamble.
📋 5-step evidence collection and rights protection process
Step 1 · Instant evidence collection: Take screenshots of all WeChat/Teams/original emails and record the time, location and people present; colleagues who are willing to testify should leave written testimony as soon as possible. Use a cell phone notepad to write down the exact words of the verbal insult on the spot - recalling the details later will be questioned by the other party's lawyer.
Step 2 · Internal Grievance: Submit a formal written complaint letter to HR, clearly stating "raising a formal grievance under the Equality Act 2010". This step can give the employer an opportunity to correct errors, and is also the key to proving that you have "reasonably communicated" in the subsequent ET stage.
Step 3 · Contact ACAS: Complete the Early Conciliation form online at acas.org.uk for free, confidential and no-force settlement. The mediator will communicate with both parties and the results will be available within 6 weeks on average.
Step 4 · Submit ET1: After obtaining the EC certificate, submit the ET1 form to the Employment Tribunal, zero fee. You can handle it yourself or hire a lawyer.
Step 5 · Mediation or hearing : More than 90% of cases are settled with settlement before going to trial, and not many actually go to hearing.
💰 How much compensation can I get?
According to the latest statistics from the Ministry of Justice (2023/24), the average compensation for successful racial discrimination lawsuits is and £29,532, an increase of nearly 28% from the previous year. The highest order amounted to and £431,768 in the same year.
Compensation generally includes three components: economic loss (salary + bonus + pension gap), injury to feelings (mental damage, three levels of Vento bands £1,200–£58,700), and interest. There is no upper limit for discrimination claims - this is different from unfair dismissal (the upper limit is about £118,000), so even if the salary is not high, you may get tens of thousands of pounds for the injury to feelings part.
⚠️ Do you need to fight on the way to permanent residence?
What many Chinese people with work visas fear most is: "Will I be fired if I defend my rights? Will my visa be invalidated?" To be honest - it is understandable to worry, but please remember: retaliatory dismissal itself is illegal, and can add another victimization claim. The real risk is not to defend your rights, but to suffer silently and be left with nothing when you are finally laid off.
After a Skilled Worker is fired, there is a 60-day grace period to find a new sponsor. During this period, use the 永居计算器 APP to calculate the accumulated days of residence and days of departure, and cooperate with a lawyer to evaluate whether the remaining time is enough to apply for ILR. This is the most rational path.
💬Interactive topic: Have you ever encountered a moment in the British workplace that made you doubt "it's because I'm Chinese"? Was it that the interview was rejected immediately, the salary increase was skipped, or was the meeting interrupted and called an unpleasant nickname? Welcome to leave a message. Silence is never protective, recording is.
📌 This article is for reference only. Please consult a licensed attorney for specific rights protection. For actuarial calculations involving the length of permanent residence and visa status, you can use 永居计算器APP.
[Data source] GOV.UK Equality Act 2010: legislation.gov.uk/ukpga/2010/15 | ACAS Early Conciliation: acas.org.uk/early-conciliation | MoJ Employment Tribunal Statistics 2023/24