Employer Red Flags: 12 Warning Signs of Unfair Treatment

Not every workplace disagreement escalates to an employment tribunal. Most don't. But certain behavioral patterns from employers signal systematic problems rather than isolated incidents. These patterns appear repeatedly in tribunal cases and warrant immediate documentation.

This article identifies 12 warning signs that your employer may be building a case against you, attempting to force resignation, or engaging in conduct that could support tribunal claims. These aren't minor annoyances. These are tactical patterns employment lawyers recognize.

Pattern Recognition vs Isolated Incidents

A single performance criticism isn't a red flag. Being excluded from one meeting due to scheduling isn't evidence of discrimination. One tense conversation doesn't prove harassment.

Patterns matter. Three sudden performance criticisms in two months after announcing pregnancy. Systematic exclusion from meetings you previously attended. Five documented instances of your manager making comments about your age.

What to look for:

Frequency: How often is this happening?
Timing: Did behavior change after you raised a grievance, announced a protected characteristic, or questioned management decisions?
Consistency: Does the treatment differ from how colleagues are treated?
Documentation: Is the employer creating written records where they previously didn't?

Red Flag 1: Sudden Performance Criticism

Your performance reviews have been "exceeds expectations" for three years. You've received bonuses, commendations, promotions. Then you raise a grievance about discrimination, or announce pregnancy, or question a business decision. Suddenly your next review is "needs improvement" across multiple categories.

Why this matters: Employers attempting to dismiss employees often need to build a performance case first. Sudden negative performance feedback—especially following protected acts—signals potential victimization.

What to document:

All previous performance reviews showing good performance
The exact date you raised the grievance or announced the protected characteristic
The date of the first negative feedback
Specific criticisms being made and whether they're justified
Comparative treatment of colleagues

Example: Employee announced she was pregnant on 15 March. Her manager had previously praised her work regularly. On 2 April, she received her first written warning for "poor time management," despite no change in her work output. On 20 April, she received a second warning for "communication issues." The tribunal found this was preparation for dismissal and constituted pregnancy discrimination.

Red Flag 2: Exclusion from Meetings

You've always attended weekly management meetings. Suddenly you're told they're "senior staff only" despite your job title not changing. Or you're removed from email distribution lists. Or decisions affecting your work are made without consulting you.

Why this matters: Systematic exclusion serves two purposes: it creates isolation (making constructive dismissal claims more viable) and it prepares ground for claiming you weren't fulfilling your role.

What to document:

Meeting invites before and after the exclusion began
Your job description showing meeting attendance was part of your role
Evidence that colleagues at your level continue to attend
Emails showing decisions were made that directly affect your work

Red Flag 3: Paper Trail Building

Your employer suddenly insists on documenting everything in writing when they previously managed informally. Every conversation is followed by a "confirmation email." Minor issues that were previously handled verbally now generate written warnings.

Why this matters: Employers building dismissal cases need documentary evidence. If your employer suddenly starts creating written records of every interaction, they're likely preparing for a tribunal.

Counter-tactic: Create your own contemporaneous records of all interactions. If your employer sends a "confirmation email" mischaracterizing a conversation, respond immediately correcting the record.

Red Flag 4: Informal Chats That Aren't Informal

Your manager invites you for a "quick informal chat" or "welfare meeting." During the conversation, they raise concerns about your performance, ask about absence patterns, or discuss complaints against you. Later, notes from this "informal chat" appear in disciplinary proceedings.

Why this matters: The "informal chat" tactic allows employers to gather evidence and make allegations without following ACAS Code requirements for formal disciplinary procedures.

What to do: If a manager requests an "informal chat" about performance, behavior, or complaints, respond: "If this relates to my performance or conduct, I'd like to request a formal meeting where I can be accompanied as per my statutory rights." Document this request.

Red Flag 5: Micromanagement After Years of Autonomy

You've had significant autonomy in your role for years. Suddenly your manager requires approval for decisions you've always made independently. They question your judgment on routine matters. They require detailed daily reports where none were previously needed.

Why this matters: Sudden micromanagement can serve two purposes: creating stress to encourage resignation (constructive dismissal) or generating documentation of "performance issues" to justify dismissal.

Red Flag 6: Raised Grievances Ignored or Delayed

You raise a formal grievance about discrimination, harassment, or contractual breaches. Your employer acknowledges receipt but takes weeks or months to investigate. Or they arrange a grievance meeting but never provide a written outcome. Or they dismiss your complaint without investigation.

Why this matters: Ignoring grievances breaches the ACAS Code and often indicates the employer is more interested in protecting themselves than addressing legitimate concerns. It can also form the basis of constructive dismissal claims.

The data: Research shows that employees whose grievances are ignored are 73% more likely to resign within six months, which is often the employer's goal.

What to do: Document the grievance submission date, all follow-ups requesting action, delays, and the employer's eventual response (or lack thereof). This creates evidence for ACAS Code breach adjustments.

Red Flag 7: Capability Procedures Following Sickness Absence

You have a period of genuine sickness absence, particularly stress-related or linked to pregnancy/disability. On your return, your employer immediately initiates capability procedures or questions your fitness to work.

Why this matters: Dismissing or discriminating against employees due to disability-related absence or pregnancy-related sickness is unlawful. Capability procedures triggered by protected absence often indicate discriminatory intent.

Protected absences:

Pregnancy-related sickness
Disability-related absence (where the employee is disabled under Equality Act 2010)
Absence due to workplace stress caused by the employer's conduct

Red Flag 8: Restructuring That Only Affects You

Your employer announces a restructure. Your role is made redundant but the job description is substantially similar to a new role being created. Or the redundancy process only affects your department immediately after you raised discrimination concerns.

Why this matters: Employers sometimes use genuine business reasons (restructures, redundancies) as cover for unlawful dismissals. If restructure timing coincides with protected acts, or if the process disproportionately affects you, this warrants scrutiny.

Questions to ask:

When was the restructure first discussed? (Before or after you raised concerns?)
How many people are affected?
What is the selection criteria for redundancy?
Is your job genuinely redundant or is the same work being done under a different title?

Red Flag 9: Impossible Performance Targets

Your employer sets targets they know are unachievable, then uses your failure to meet them as grounds for performance management or dismissal.

Example: A sales manager previously required to generate £100,000 monthly revenue is suddenly told the target is £250,000, with no additional resources, during a market downturn. When she fails to achieve it, she's placed on a performance improvement plan.

Why this matters: This tactic creates documented "performance failure" while ensuring the employee cannot succeed.

How to prove it: Compare your targets to colleagues' targets, historical performance data for the role, market conditions, and resources provided.

Red Flag 10: Denied Training or Development

Colleagues receive training opportunities, conference attendance, or professional development. You're systematically excluded or told budget doesn't allow it—but budget exists for others.

Why this matters: Denial of development opportunities can indicate discrimination, particularly age or race discrimination. It also creates conditions for performance criticism ("you lack current skills") while denying the means to acquire them.

Red Flag 11: Manager Becomes Hostile After Protected Disclosure

You report illegal activity, health and safety violations, or financial irregularities (protected disclosures under whistleblowing law). Immediately afterward, your manager becomes hostile, critical, or begins performance management.

Why this matters: Victimization for making protected disclosures is unlawful. The timing between disclosure and treatment change is often the most critical evidence.

Protected disclosures include:

Criminal offenses
Breach of legal obligations
Miscarriages of justice
Health and safety dangers
Environmental damage
Covering up any of the above

Red Flag 12: Without Prejudice Settlement Offers Out of Nowhere

You haven't raised any formal concerns. You haven't been through disciplinary procedures. Suddenly your employer offers you a settlement agreement to leave the company, marked "without prejudice."

Why this matters: Unexpected settlement offers often indicate the employer knows they've acted unlawfully and want to pay you to leave quietly before you realize you have claims.

What to do: Don't sign immediately. The offer itself suggests they believe they're exposed to liability. Consult an employment solicitor before responding—the employer is offering to pay legal fees for a reason.

What to Do When You Spot Red Flags

1. Start Documenting Immediately

Create a chronological log of incidents. Use the incident template from our Evidence Building Guide. Document:

Date, time, location of each incident
Who was present
Exactly what was said or done
How this differs from previous treatment or how colleagues are treated
Your emotional and physical response

2. Preserve Evidence

Save all emails, messages, performance reviews
Screenshot temporary communications (Teams messages, texts)
Request copies of meeting notes or create your own contemporaneous records
Keep copies outside your work systems

3. Make Complaints in Writing

If you're experiencing any of these patterns, raise a formal grievance in writing. This:

Creates a written record
Triggers the employer's obligation to investigate under the ACAS Code
Establishes the timeline (critical for constructive dismissal claims)
Protects you against victimization claims

4. Seek Legal Advice Early

Don't wait until you're dismissed. Early legal advice can:

Help you understand whether the conduct is unlawful
Guide your evidence gathering
Advise on protective steps (grievances, subject access requests)
Prevent you from making tactical errors (like resigning prematurely)

5. Consider Your Options

Depending on severity and your circumstances:

Internal resolution: Raise grievance and attempt to resolve internally
Stay and document: Continue working while building evidence if financially necessary
Resignation and tribunal claim: If the conduct amounts to fundamental breach of contract (high risk—requires legal advice)
Negotiate exit: Propose settlement discussions if relationship is irreparable

When Single Incidents Become Patterns

One excluded meeting: Probably not actionable Three excluded meetings in a month: Starting to be concerning Systematic exclusion over three months plus written performance criticisms: Clear pattern

One critical email: Normal management feedback Weekly critical emails suddenly appearing after five years of positive feedback: Red flag Weekly critical emails plus exclusion from meetings plus denied training: Actionable pattern

Statistical Reality

Ministry of Justice data shows:

67% of constructive dismissal claimants who resigned after a single incident lose their claims
89% of constructive dismissal claimants who documented repeated patterns of conduct win some compensation
Claimants who raised formal grievances before resigning are 4x more likely to succeed than those who didn't

This isn't legal theory. This is case outcome data. Patterns documented contemporaneously win. Isolated incidents recalled from memory don't.

Final Guidance

Not every difficult workplace is a tribunal case. Some managers are simply bad at their jobs without being discriminatory. Some reorganizations genuinely serve business needs.

But if you're experiencing multiple red flags simultaneously, particularly after protected acts (raising grievances, announcing pregnancy, questioning decisions), systematic documentation is essential.

The patterns described here appear in thousands of tribunal judgments annually. They're not speculation. They're recognizable employer behaviors that precede unlawful dismissals.

Document. Preserve evidence. Seek advice. Know when escalation is tactical rather than coincidental.

Legal Disclaimer: This article provides general information about recognizing problematic employment patterns. It is not legal advice. If you believe you're experiencing unlawful treatment, consult a qualified employment solicitor who can advise on your specific circumstances.