Is it illegal to discriminate against me because of my nationality?

Yes. The Equality Act 2010 protects against discrimination based on race, which includes nationality, ethnic origin, and colour. An employer cannot treat you less favourably because of where you are from. This applies to hiring, pay, promotion, working conditions, and dismissal.

Can an employer refuse to hire me because I need visa sponsorship?

An employer can choose not to sponsor a visa — this is a business decision, not discrimination. However, they cannot refuse to hire you because of your nationality or race. The distinction is between declining to engage with the sponsorship process (legal) and rejecting candidates because they are foreign (illegal).

What should I do if I experience discrimination at work?

Keep a written record of what happened (dates, times, witnesses, what was said or done). Raise it with your manager or HR department. If internal resolution fails, you can make a claim to an employment tribunal. You have 3 months minus 1 day from the discriminatory act to start the tribunal process. Free early conciliation through ACAS is required before tribunal.

Does reporting discrimination affect my visa?

No. Reporting workplace discrimination does not affect your immigration status. You have the same employment law protections as any other worker. Employers cannot retaliate by threatening your visa — doing so would itself be unlawful.

Workplace Discrimination for Immigrants in the UK

UK law protects all workers from discrimination based on race, nationality, ethnic origin, and other characteristics. This protection applies regardless of your visa type. If you experience discrimination, you can take action through internal processes, ACAS conciliation, and employment tribunals. This guide covers your rights, how to recognise discrimination, and the steps to address it.

What the Law Protects

The Equality Act 2010 protects workers from discrimination based on "protected characteristics," which include:

Race: Including nationality, ethnic origin, colour, and national origins
Religion or belief
Sex and gender
Age
Disability
Sexual orientation

This protection applies to job applicants, employees, workers, and self-employed people. It covers recruitment, pay, terms and conditions, promotion, training, and dismissal. Check the GOV.UK discrimination rights page.

Types of Discrimination

Direct discrimination: Being treated worse because of your nationality or race (e.g., being passed over for promotion explicitly because you are foreign)
Indirect discrimination: A policy that applies to everyone but disproportionately disadvantages people of a particular nationality or race
Harassment: Unwanted behaviour related to your race or nationality that creates a hostile environment (racist jokes, derogatory comments)
Victimisation: Being treated badly because you complained about discrimination

Common Issues for Immigrants

Being paid less than colleagues doing the same work
Being given less favourable shifts or duties
Racist comments or jokes about your nationality, accent, or background
Being passed over for promotion despite being qualified
Employers threatening to report you to immigration authorities as a way to control you
Excessive or discriminatory right to work checks (checking you more often than British colleagues)

For general employment rights, see our employment rights guide. For the legal system overview, see our legal system guide.

Taking Action

Keep records: Write down dates, times, what happened, who was involved, and any witnesses
Raise it internally: Speak to your manager, HR department, or use the company grievance procedure
Contact ACAS: If internal resolution fails, contact ACAS (Advisory, Conciliation and Arbitration Service) for free early conciliation. This is mandatory before a tribunal claim.
Employment tribunal: If conciliation fails, you can make a tribunal claim. The deadline is 3 months minus 1 day from the discriminatory act.
Seek legal advice: Citizens Advice, law centres, and some solicitors offer free initial consultations

Check the GOV.UK employment tribunal page for the process.

Zero-Hours Contracts and Vulnerable Workers

Workers on zero-hours contracts can be particularly vulnerable to discrimination because they depend on being offered shifts. If you are not being offered shifts because of your nationality while others are, this could be discriminatory. Keep records of shift patterns and compare with colleagues.

Next Steps

If you are experiencing discrimination, start keeping records immediately. Try to resolve the issue internally first. If that fails, contact ACAS for free conciliation. Remember that your immigration status does not reduce your employment rights.

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