Others are treated favourably but you're under scrutiny — what to do

Inconsistent treatment is rarely accidental

It's a common and often isolating situation: you're being scrutinised, second-guessed, or pulled up for things that colleagues doing the exact same thing seem to get a free pass on. It can feel impossible to prove and easy to dismiss as "just how it feels." But a genuine pattern of unequal treatment can be legally relevant in several different ways, depending on what's driving it.

Why the reason behind it matters

Unequal treatment on its own isn't automatically unlawful — management is allowed some discretion. What matters is why you're being treated differently. Broadly, it tends to fall into one of a few categories:

• It's connected to a protected attribute — your sex, age, disability, pregnancy, race, or similar. If so, this may be unlawful discrimination or "adverse action" under the general protections provisions of the Fair Work Act, which carry serious consequences for employers.
• It's part of a broader pattern of unreasonable behaviour that's affecting your health and safety — which may fall within the legal definition of workplace bullying.
• It looks like it's building a case for your dismissal — sometimes increased scrutiny is a precursor to a performance process aimed at managing someone out. If you're later dismissed, evidence of inconsistent treatment can be highly relevant to whether that dismissal was fair.
• It's poor management, but not unlawful — unfortunately, not every unfair-feeling situation crosses a legal line. That doesn't mean it isn't worth addressing, just that the tools available may be different.

What to do while it's happening

Whichever category it turns out to be, the same groundwork helps in every scenario:

• Document specific examples — dates, what happened, who else was involved, and how a colleague in a comparable situation was treated differently. Vague impressions are hard to act on; specific comparisons are powerful.
• Keep records in writing where possible — save emails, messages, and performance feedback rather than relying on memory.
• Identify your comparator — who else does the same role, made the same mistake, or was in the same situation, and how were they treated?
• Raise it, calmly and in writing — through your manager, HR, or a formal grievance process, so there's a record that you flagged it.
• Get advice before things escalate further — particularly if you sense a performance process starting, or if you're being asked to sign anything.

Why the documentation matters so much

Whether your situation turns out to be discrimination, bullying, or evidence supporting an unfair dismissal claim down the track, the strength of your case almost always comes down to specifics: what was said, when, by whom, and how someone else in your position was treated. The earlier you start keeping a record, the stronger your position if things do escalate.

This article is general information only and does not constitute legal advice. Whether unequal treatment is unlawful depends heavily on your specific circumstances — speak with one of our employment lawyers about your situation.

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