Unlike legitimate recognition of high performers, workplace favouritism involves unfair preferential treatment based on personal relationships rather than merit. Addressing favouritism is essential for protecting your career development and maintaining professional wellbeing. Learn practical strategies for dealing with favouritism, from identifying the signs to effectively confronting biased treatment. By understanding how to stop favouritism at work, you can advocate for fair practices and safeguard your career path.
Recognising the Signs of Favouritism
Legal Framework and Employment Rights
Strategies for Addressing Favouritism
Recognising the Signs of Favouritism
Overt Favouritism Behaviours
- Unequal opportunity distribution: Consistently assigning preferred projects or clients to certain individuals
- Social exclusion: Regularly excluding specific employees from meetings, decisions or social events
- Promotion irregularities: Advancing less qualified individuals over more deserving candidates
- Disciplinary inconsistency: Applying different standards to similar behaviours among employees
Subtle Indicators
- Private communications: Excessive private meetings or communications with favoured employees
- Praise imbalance: Disproportionate recognition and praise for certain team members
- Flexibility disparity: Granting preferential flexibility or exceptions to favoured staff
- Information hoarding: Sharing important information selectively with preferred colleagues
Legal Framework and Employment Rights
When Favouritism Becomes Unlawful Discrimination
Under the Equality Act 2010, it is illegal to treat someone less favourably because of a Protected Characteristic (Legislation - GOV.UK). Favouritism that advantages or disadvantages people based on these characteristics is direct discrimination.
Examples of unlawful favouritism:
- Promoting a less qualified person due to a personal relationship (potentially sex discrimination or sexual orientation discrimination).
- Consistently giving the best opportunities to employees of a particular race or age group.
- Excluding someone from social events or "in-groups" that influence work decisions because of their religion or belief.
- Favouring employees who are not disabled over those with a disability without objective justification.
Key Point: The law is concerned with the& reason for the favouritism. If the reason (or even part of the reason) is connected to a Protected Characteristic, it is actionable.
Favouritism as "Unfair Treatment" (Without Discrimination)
Even if favouritism is not linked to a Protected Characteristic, it can still have legal consequences if it breaches the Employment Rights Act 1996:
- Breach of Implied Duty of Mutual Trust and Confidence: All employment contracts contain an implied term that the employer will not act in a way likely to destroy or seriously damage the relationship of trust and confidence. Persistent, unjustified favouritism that creates a toxic environment can breach this term.
- Constructive Dismissal: A serious breach of the trust and confidence term (or other fundamental terms) can allow an employee to resign and claim they were effectively dismissed. An Employment Tribunal would then assess if the favouritism was so severe as to justify the resignation.
- Unfairness in Redundancy Selection or Disciplinary Procedures: If favouritism leads to a biased selection for redundancy or inconsistent disciplinary action (e.g., harsh punishment for one, leniency for another for the same offence), an employee could bring a claim for unfair dismissal (if they have two years' service).
Less Favourable Treatment of Part-Time Workers
Under The Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, a part-time worker has the right not to be treated less favourably than a comparable full-time worker regarding their contract terms or by being subjected to any other detriment, provided the unfavourable treatment is because they work part-time and is not objectively justified, with comparisons generally following the pro rata principle and specific rules governing overtime pay (Guide - ACAS).
- A part-time worker has the right not to be treated less favourably by their employer than a comparable full-time worker.
- This protection covers the worker’s contractual terms and any other detrimental acts or deliberate failures to act by the employer.
- This right is engaged only if the less favourable treatment is because the worker is part-time and is not justified on objective grounds.
- When comparing treatment, the pro rata principle must generally be used, unless it is inappropriate.
- A part-time worker is not considered less favourably treated regarding overtime pay in a specific period if:
- They are paid a lower overtime rate than a comparable full-time worker,
- But their total hours worked (including overtime) do not exceed the full-time worker's standard required hours for that period.
Strategies for Addressing Favouritism
When can you take action?
Discrimination at work is eligible for legal proceedings regardless of how long the employee has worked for the company. Agency workers are usually exempt from this as they technically do not work for the company.
The nine Protected Characteristics are: age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, and sexual orientation.
In situations where unfair treatment is not related to discrimination, you are legally protected after two years of service.
Unless you are protected by one of these two factors, it would be of considerable risk to raise an issue.
Step 1: Gather Evidence
- Document every incident: dates, times, witnesses, specific details
- Record patterns: note who receives favourable treatment (projects, promotions, flexibility) versus who doesn't
- Compare objectively: track qualifications, KPIs, experience between you and favoured colleagues
- Save communications: emails, messages, meeting notes (BCC personal email for secure copies)
- Note discriminatory remarks: any comments linked to age, gender, race, etc.
- Keep a private diary: contemporaneous notes strengthen credibility
Step 2 – Internal Options
Option A: Informal Approach (if safe)
- Direct conversation: calm, factual discussion with manager using "I feel" statements
- Example: "I've noticed a pattern in project allocations that concerns me. Can we discuss how these decisions are made?"
- HR informal chat: seek advice without formal grievance: "I'm observing patterns that may disadvantage certain groups"
Option B: Formal Grievance
- Submit formal letter stating it's a grievance under Equality Act 2010
- Be specific: link favouritism to your Protected Characteristic
- Provide evidence: attach documented incidents
- State impact: career progression, earnings, wellbeing
- Request investigation and specific outcomes
- Exercise right to be accompanied by colleague or union rep at meetings
- Appeal if outcome unsatisfactory
Step 3 – External Options (if internal fails)
Phase 1: ACAS Early Conciliation (Mandatory)
- Contact ACAS before tribunal
- Free, confidential mediation service
- Stops the clock on 3-month time limit
- Over 50% settle here
- Can result in settlement agreement with compensation
Phase 2: Employment Tribunal
- File claim if conciliation fails
- Costs: no fee to file, but risk of costs if you lose
- Possible awards: injury to feelings, lost earnings, recommendations
- Cases are public records
- Strict 3-month deadline from last incident
Last reviewed: 27/01/2026