Being asked during interviews, "How many more years can you work on this visa?"; your name will never be included in the promotion list; for the same job, local colleagues' salary stubs are much higher than yours; the phrase in the tea room, "You foreigners won't be here long anyway" - many Chinese who hold Skilled Worker, Spouse or BN(O) visas and are enduring permanent residence (ILR) have silently swallowed these grievances. I was afraid that it would affect my renewal, I was afraid of offending my employer, I was afraid that my guarantee would be withdrawn, so I chose to endure it. 😔
But you have to know one thing: In the UK, racial discrimination in the workplace is illegal, and the protective umbrella covers not just British citizens. Even if you are only a temporary visa holder, you still have full anti-discrimination rights.
British visa holders are also protected by the Equality Act
The core anti-discrimination law in the UK is the Equality Act 2010 (Equality Act 2010) . It defines "race" very broadly - including color, nationality, ethnic or national origins. In other words, being treated differently because you are Chinese, speak with an accent, and have a Chinese passport all fall within the scope of the law.
The law recognizes four forms of discrimination, and we recommend that you take note of them:
🔹 Direct discrimination (Direct) : Being treated differently because of race, just like Chinese people in the same position have lower wages.
🔹 Indirect discrimination (Indirect) : Regulations that seem to treat everyone equally, but cause certain ethnic groups to suffer (such as requiring "native-level English" without reason).
🔹 Harassment : racially related, uncomfortable or offensive words and deeds.
🔹 Retaliation (Victimisation) : Being punished because you complained about or supported others’ complaints about discrimination.
Being challenged about your "visa status" may also constitute a violation of law
Many people think that "employers care about my visa status" is a matter of course. Two things need to be distinguished: it is necessary for the employer to verify Right to Work in accordance with the law (legal right to work), and this in itself is not discrimination. However, if the employer uses "you are a foreigner/your visa is about to expire" as an excuse to reduce salary, refuse promotion, abuse or exclude you, and this differential treatment is essentially based on your nationality and ethnicity, it may touch the red line of racial discrimination. The key is not whether you applied for a visa or not, but whether the differential treatment is due to your racial attributes.
Three-month red line for rights protection: If you miss it, you’re basically out of luck
This is the most easily overlooked and most fatal point by the Chinese. The time limit for filing a racial discrimination complaint with the Employment Tribunal is 3 months minus 1 day from the date of XX0YY discrimination. Above this line, the court usually rejects it outright - unless it is a "continuing act" (the last time the discrimination continues to occur), or the court rarely finds that the extension is "just and reasonable" (just and equitable). Don’t bet on exceptions, 3 months is the most stable.
Before submission to court, there is another mandatory pre-procedure: ACAS Early Conciliation . The process is:
① Contact ACAS to register for free → ② During the mediation period, will be suspended for 3 months and will be suspended (up to about 6 weeks) → ③ After obtaining the mediation certificate (EC certificate), will have at least 1 full month to submit the appeal. It is best if
can reach an agreement through mediation. If an agreement cannot be reached, a "pass" can be obtained before the case can be formally filed.
How to keep the evidence and how much compensation can I get?
From today on, write down every injustice in writing: save emails, Teams/WhatsApp records, salary slip comparisons, meeting minutes, and write down the time, place and person’s original words on the day of the incident. The more specific the evidence, the better the odds.
The good news is that there is no upper limit of for racial discrimination compensation (unlike ordinary unfair dismissal which has a cap), and it also includes "injury to feelings". The court refers to the Vento bands quota, for complaints submitted on or after April 6, 2026: approximately £1,300–£12,600 for minor cases, approximately £12,600–£37,700 for moderate cases, £37,700–£62,900 for serious cases, and may be higher in extreme cases. Add to that the lost wages and the amount is considerable.
⚠️ The most critical reassurance: If you complain or complain about discrimination in accordance with the law, employer cannot retaliate against because of it - retaliation itself is another illegal act. Rights protection will not and should not make your visa or permanent residence path "jeopardized".
This article is for reference only. Cases vary greatly. Please consult a licensed attorney or the ACAS toll-free hotline before taking formal action. Friends who are involved in the countdown to permanent residence should not forget to pay close attention to the continuity of residence during the rights protection period.
💬 What kind of "unexplainable" differential treatment have you encountered in the British workplace? Is it salary, promotion or words? Chat about your experience or confusion in the comment area. Maybe your words can encourage another compatriot who is still holding back.
If you find it useful, please forward it to your friends who are also applying for permanent residence in the UK and are still working hard in the workplace - there is a time limit for rights protection, so knowing it the day before will give you more confidence.
[Data source] GOV.UK "Make a claim to an employment tribunal" https://www.gov.uk/employment-tribunals; ACAS "Employment tribunal time limits" https://www.acas.org.uk/employment-tribunal-time-limits; Equality Act 2010 https://www.legislation.gov.uk/ukpga/2010/15/contents