By Talk to a Lawyer · Published 19 September 2026 · 3 minute read
A workplace discrimination or harassment concern may involve conduct, a decision, a protected attribute, retaliation or a complaint process. Start with what happened and what you need to change. Workplace, anti-discrimination and safety pathways can overlap, but they have different purposes and requirements; an adviser can help identify the relevant options.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find workplace discrimination & harassment providers →Record the conduct and employment context
Keep a chronology with dates, words or actions, witnesses and documents you lawfully hold. Distinguish what you experienced from what others reported. Include the employment relationship, applicable policies and any complaint already made. Ask how to preserve evidence appropriately without accessing accounts or confidential records you are not authorised to use.
Explain the outcome and immediate concerns
You may want conduct to stop, a safe reporting route, an adjustment, a response to a decision or advice about leaving. Tell the adviser about safety, health and retaliation concerns and whether employment has ended. Ask what dates and procedural choices matter before starting multiple applications or signing a settlement.
Compare internal and external options
Ask about the employer's process and relevant external bodies, including which can provide the outcome sought. A lawyer may help prepare a complaint, respond to an investigation or assess a legal claim. Clarify whether representation covers employment, discrimination and injury issues or only one part, and how sensitive information will be handled.
Prepare for a complaint meeting without losing your objective
Write down the key events, the outcome you want and the questions the process needs to answer. Ask who will receive the complaint, how confidentiality is handled and how you will be informed of progress. Keep a record of what is agreed after meetings and identify any new conduct separately. If a settlement is proposed, seek advice on its full effect before treating a payment or apology as the only term. This helps maintain focus while the adviser assesses the available legal protections and processes.
Compare the scope and cost of advice
Employment advice should identify whom the lawyer represents and the decision still to be made. Give the same contract, chronology and objective to offices you compare. A document review, workplace process and formal claim are distinct services. Explain any proposed response date or end of employment promptly so the adviser can assess the relevant options before the scope is agreed.
- Advice before a decision
- Ask for an explanation of the applicable framework, assumptions and practical options, including what further records are needed before a recommendation can be made.
- Workplace process
- Confirm whether drafting, meeting preparation, attendance or an investigation is included, and clarify who communicates, finds facts and makes the final decision.
- Dispute or exit
- Ask whether negotiation, review of settlement terms and formal representation are separately priced, and how other employment, discrimination or injury issues are coordinated.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
An employee requests an adjustment and later receives a disputed performance warning. They record the request and warning separately so the adviser can assess the connection and appropriate response without assuming causation.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I need advice about [conduct or decision] at work and have [made or not made] an internal complaint. Employment is [continuing or ended]. Can you assess the relevant options, dates and how to prepare a focused, secure complaint or response?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about workplace discrimination & harassment
Is every unfair workplace decision unlawful discrimination?
No. Ask how the facts relate to the applicable legal protections and what other employment options may be relevant.
Can I use several complaint processes at once?
Ask how the pathways interact and whether choices affect other options before lodging multiple claims.
Further reading and scope
Fair Work Ombudsman: workplace discrimination
National workplace protections; separate state and federal discrimination pathways may also be relevant.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.