10. Bullying, harassment, discrimination and racism
This behaviour becomes discrimination when it is related to a protected characteristic( see below). Migrant workers may face discrimination linked to any of these characteristics but abuse related to race, religion and maternity are common.
Some workers face retaliation after raising concerns. Victimisation can take the form of being moved to less favourable shifts, excluded from meetings, denied progression, or even dismissed. While this is illegal under the Equality Act 2010, the protections available can be limited – especially for workers without two years’ service, who may find themselves out of a job and forced to find new employment very quickly. This vulnerability often discourages workers from speaking out, particularly in insecure or low-trust workplaces.
“ They just put up with it. They think if they speak out, they’ ll be deported.” – Migrant nurse and UNISON rep
The legal framework
There is no single law banning bullying, but several legal protections apply:
Under the Equality Act 2010, it is unlawful to discriminate against, harass or victimise someone because of a protected characteristic. These include:
• Race( including colour, nationality, and ethnic or national origin)
• Religion or belief
• Sex or sexual orientation
• Age
• Disability
• Pregnancy or maternity
• Gender reassignment.
Discrimination under the Equality Act 2010 can take different forms, and it’ s important that reps understand how each may show up in practice:
• Direct discrimination: when someone is treated less favourably because of a protected characteristic, such as race or nationality. Example: a worker is not considered for promotion because of their accent.
• Indirect discrimination: when a policy or practice that applies to everyone puts people with a protected characteristic at a disadvantage. Example: banning other languages at work may unfairly affect migrant workers.
• Harassment: unwanted behaviour related to a protected characteristic that creates a hostile or intimidating environment, or undermines dignity. This includes racist jokes, comments or singling someone out for their background.
• Victimisation: treating someone badly because they have raised a complaint about discrimination or supported someone else who has. Migrant workers may be given worse shifts, denied support, or pushed out after raising concerns.
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