In March 2026, Lily, a Chinese employee of a technology company in London, discovered in an internal email that her British colleague in the same position was paid £3 more per hour than her. When she asked HR, the other person said lightly: "You have a Skilled Worker visa, and the company feels that you are more dependent on this job."
Lily's experience is not an isolated one. The latest research shows that in the British workplace, recruitment and promotion discrimination against ethnic minorities such as Bangladeshis, Africans, and Pakistanis has significantly increased their likelihood of falling into poverty. Behind the stereotype of the Chinese as "model minorities", there is a silent injustice hidden - workplace discrimination due to race, nationality, and visa status is illegal in the UK, but too many Chinese choose to swallow it.
In today's article, we use real cases + legal methods to tell you: has been discriminated against, how to prove it, how to appeal, and how much compensation can get. If you are experiencing injustice, or are worried about experiencing it in the future, this article is worth bookmarking.
1. The "invisible red lines" of workplace discrimination: 3 scenarios where Chinese people are most likely to step on them
The UK's Equality Act 2010 explicitly prohibits discrimination based on race, nationality or ethnic origin, and employers are not allowed to engage in discriminatory behavior related to this during recruitment and employment. But in actual practice, many Chinese people don't know which behaviors have crossed the line.
Scenario 1: Being "treated differently" due to visa status
Typical case:
- Skilled Worker visa employees were told that "promotion priority will be given to those with permanent residence"
- The company refuses to allow employees with visas to work remotely because they are "worried that you won't come back when you return to the country."
- Being underpriced during salary negotiation: "You need sponsorship anyway, and other companies don't necessarily want you."
Legal boundaries: An employer may decide not to sponsor a position, but rejecting an applicant simply because he is not British or because of his nationality may constitute unlawful discrimination. If it can be shown that the discrimination is related to immigration status rather than race, nationality or ethnic origin, the employer may successfully defend the case - but the burden of proof is on the employer.
Scenario 2: Right to Work examination becomes "appearance screening"
Selective checking of employee documents based on appearance, accent or perceived nationality constitutes direct racial discrimination under the Equality Act 2010. Real case: A Chinese applicant was asked to show his original passport alone during an interview, while the white British person in the same interview only needed to confirm verbally; HR's reason was "you look like a foreigner" - this is already illegal.
All potential employees should be screened in the same way at the same stage of recruitment. If you were given "special treatment," record the time, people present, specific conversations - these are all evidence.
Scenario 3: Subtle "cultural exclusion" and promotion ceiling
Indirect discrimination is more subtle:
- "5 years of continuous residence experience in the UK" is required to apply for a management position (obviously disadvantageous for immigrants)
- Mandates a specific form of documentation, while the law allows for alternatives
- Team gatherings are always in the pub, and Chinese employees who don’t drink are never considered.
Indirect discrimination refers to a policy or practice that appears to apply to everyone, but has a disproportionate adverse impact on groups with a protected characteristic and cannot be justified as a reasonable means to achieve a legitimate goal. Chinese employees often think "this is a cultural difference, just tolerate it" - but the law is on your side.
2. Rights protection step 1: Collect evidence - don’t let “words without evidence” ruin your case
If you allege unlawful discrimination, harassment or retaliation, the burden of proof is first on you. You must prove sufficient facts for the tribunal to find that discrimination, harassment or retaliation has occurred in the absence of any other explanation. Once you have completed the preliminary proof, the employer will need to prove that they did not discriminate against you.
Key evidence you need to preserve:
📧 Written record
- Emails, Slack chat records, meeting minutes (especially those containing discriminatory remarks)
- Pay stubs, offer letters, promotion notices (used to compare the treatment of colleagues)
- The email you complained to HR or your superior and the other party’s reply
📝 Timeline Log
Immediately after each injustice, record: date, time, location, people present, specific conversations, and how you felt. For example: "At 3 pm on April 10, 2026, in the office, the manager John said in front of three colleagues, 'You Chinese are just too quiet and not suitable for sales.'"
👥 Witness testimony
Colleagues (especially non-Chinese) are extremely valuable if they are willing to testify. Even if they do not want to go to court, a written statement can be helpful.
📊 Comparison data
If possible, collect the salary/promotion information of UK colleagues with equivalent qualifications (anonymous is sufficient). Statistics can strengthen the case for "systemic discrimination."
⚠️ NOTE: Audio/video recording needs to be done with caution in the UK. Private recordings may be used as evidence in certain circumstances, but may affect the tribunal's impression of you. It is best to consult an attorney before deciding.
3. Rights protection steps 2-3: Internal grievance → Acas early mediation - giving the employer the "last chance"
Step 2: Start the company’s internal Grievance program
Most companies have an internal Grievance Procedure. Formal written complaint (email is sufficient), clearly stating:
- "I am raising a formal grievance under the Equality Act 2010"
- List the specific acts of discrimination, dates, and persons involved
- Ask the company to investigate and correct
Keep all correspondence. If the company does not deal with you or retaliates against you (such as suddenly giving you a negative review or transferring a job), this in itself constitutes victimization (retaliation) and you can claim for compensation separately.
Step 3: Acas Early Conciliation (mandatory pre-program)
Before making an application to the Employment Tribunal, you must notify Acas (Advice, Conciliation and Arbitration Service) that you are considering making a complaint. This will initiate an early mediation process where an Acas mediator will try to help you and your employer resolve the dispute without the need for a hearing. Early mediation is mandatory and suspends the statute of limitations of the arbitral tribunal.
Under government reforms in 2026, early mediation will be available for up to 12 weeks - this is the time during which you and your employer can negotiate a settlement.
The advantages of settlement: can get money quickly, keep a confidentiality agreement (it will not affect finding the next job), and avoid lengthy litigation. Price of settlement: You give up the right to pursue further liability.
💡 If the employer refuses to mediate or the compensation is too low, Acas will issue an Early Conciliation Certificate. Only with this can you proceed to the next step - Employment Tribunal.
4. Rights protection step 4: Employment Tribunal - the real "court showdown"
Timeliness: Don’t miss the “3 months” red line
For discrimination complaints, the statute of limitations starts from the date when the discriminatory behavior occurs; if it is a continuous behavior, it starts from the last behavior. discrimination cases must initiate Acas mediation within 3 months (minus 1 day) after the incident.
The arbitral tribunal can hear an appeal outside the time limit if it deems it 'just and reasonable' for both parties - but don't bet on this, 90% of cases will be dismissed outside the time limit.
📅 Important note for May 2026: The Employment Rights Act 2025 extends the statute of limitations for most complaints from 3 months to 6 months, but this provision is expected to take effect as early as October 2026. Before the new regulations are implemented, the calculation will still be based on 3 months!
Process and cost
There is no charge for submitting the ET1 form or attending the hearing. Tribunal fees have been abolished following a 2017 Supreme Court ruling. Tribunals are designed to enable people to represent themselves, and many claimants do so. But legal advice can make a big difference, especially in complex discrimination cases, high value cases, or where the employer is represented by a lawyer.
Simple cases may be resolved within a few months, while complex discrimination or whistleblowing cases may take a year or more. "Open track" cases (including discrimination and whistleblowing claims) now account for 60% of all tribunal claims.
Amount of compensation: No upper limit in discrimination cases!
Compensatory awards for unfair dismissal are capped at £123,543 (from April 2026). But there is no upper limit to the discriminatory factors. If the tribunal finds that the employer failed to make reasonable adjustments and discriminated in the selection process, the total award may well exceed the unfair dismissal cap.
The main remedies that the arbitral tribunal can make include: declaring the employer to be discriminatory; awarding damages, including economic losses (such as loss of income) and mental damages; and making recommendations requiring the employer to take specific measures within a certain period of time to eliminate or reduce the adverse impact on individuals.
Mental damage compensation (Injury to Feelings) is divided into three levels (Vento bands, starting from April 2026):
- Minor: £1,200 - £7,200
- Medium: £7,200 - £36,000
- Serious: £36,000 - £60,000+ (the most serious cases can exceed the limit)
💡 If you lose your job due to discrimination, you can also claim for loss of future earnings, loss of pension, and mental stress while looking for a job - which can add up to six figures.
5. Three "self-defense" suggestions for Chinese people
1. Pay attention to the "paper traces" on the first day of employment
Convert important conversations into email confirmations ("As discussed in our meeting..."), regularly export payroll, and screenshot team structure diagrams. In case of rights protection in the future, these are ironclad evidence.
2. Don’t wait until you explode before taking action
If you feel something is wrong for the first time, record it in writing, contact HR for the second time, and consult a lawyer for the third time. Many Chinese people wait until they are laid off/forced to resign before they think of defending their rights. By then, the chain of evidence has been broken.
3. Make good use of free resources
- Acas Helpline: 0300 123 1100 (free, Chinese translation available)
- Citizens Advice: Provide free legal advice
- Equality Advisory Support Service (EASS): Specializing in discrimination cases, phone 0808 800 0082
If the case is complex (for example, involving a permanent residence application and multiple claims at the same time), it is recommended to find a licensed attorney. Lawyer Ethan (WeChat uklvshi) in our team specializes in immigration + employment cross-cases and can help you evaluate your chances of winning and plan strategies.
Written at the end: Your silence is condoning discrimination
Figures released at the National User Group Conference in October 2025 show that the number of employment tribunal complaints has increased significantly, reaching the highest level since the COVID-19 pandemic, indicating that the risk of workplace litigation for UK employers continues to rise. More and more people realize: The law is not a decoration, and protecting rights is not a shame.
In Chinese culture, it is said that "more is worse than less", but in the British workplace, your tolerance will only make the discriminators more unscrupulous. Remember: there are no caps on discrimination compensation, there is no qualification period to appeal, and the employer is jointly and severally liable for the actions of its employees unless it can be proven that all reasonable precautions were taken.
If you are experiencing injustice in the workplace, you might as well use 永居计算器APP to record the time of each incident (it can be accurate to the day, making it easier for you to establish a timeline), and then take action as soon as possible. You are not only fighting for your own rights, but also paving the way for future Chinese compatriots.
⚖️ Legal Disclaimer: This article is for reference only and does not constitute legal advice. Please consult a licensed attorney ([email protected]) for specific cases.
📊 Data source:
- UK Equality Act 2010 - legislation.gov.uk
- Acas guidance on discrimination - acas.org.uk
- Employment Tribunal statistics 2025-26 - gov.uk/hmcts
💬 Today's topic: , what "subtle" unfair treatment have you or your Chinese friends around you encountered in the British workplace? Welcome to leave a message and share it (can be anonymous), so that more people can see these "invisible discriminations".
📚 Data source
·https://www.jrf.org.uk/race-and-ethnicity/ethnicity-poverty-and-in-work-inequalities-in-the-uk
· https://www.davidsonmorris.com/discrimination-right-to-work-checks/