Discrimination on the Grounds of Race

Have you been discriminated against on the grounds of race?

The law protects individuals from discrimination on the grounds of race. This is set out in the Race Relations Act 1976 (as amended).

Nobody should be discriminated against or harassed because of their race, colour, nationality or ethnic origin. The Race Relations Act makes unlawful certain types of treatment and protects us all from being treated less favourably than others because of our race. It does not matter who you work for, or the size of the business.

If an employee feels they are being discriminated against on grounds of their race by their employer then that employee can make a claim to an Employment Tribunal.

If a Tribunal finds discrimination has taken place then an award of damages may be made. This may include an award for loss of earnings and/or injury to feelings.

We have recently acted on behalf of an employee who had been discriminated against on the grounds of race.

We secured a settlement of £125,000 on behalf of the Claimant.

The Race Relations Act

The Act protects job applicants, employees and potentially ex employees. There is no qualifying period of employment.

The Act applies to all employees whatever the size of the employer and whether in the public or private sector.

Types of Race Discrimination

The Race Relations Act makes unlawful certain types of discriminatory treatment: -

1. Direct discrimination

This occurs when, on racial grounds, A treats B less favourably than A treats or would treat other persons.

"Racial grounds" relates to colour, nationality, race or ethnic or national origins.

2. Indirect discrimination

This occurs when A applies a "provision, criteria or practice" that puts or would put persons of B's race or ethnic or national origin at a particular disadvantage or actually puts B at that disadvantage, and cannot be shown to be a proportionate means of achieving a legitimate aim.

3. Victimisation

This occurs where B is treated less favourably because of action he or she is taking or has taken, is intending to take, or is suspected of taking, such as bringing proceedings against the employer under the Act, giving evidence or information relating to such proceedings, or doing any other act or by reference to the Race Relations Act.

4. Harassment

This occurs where, on grounds of race or ethnic or national origins, A subjects B to unwanted conduct with the purpose or effect of violating B's dignity or creating an intimidating, degrading, humiliating or hostile environment for B.

Employer's liability for discrimination

An employer may well be liable for the discriminatory act of an employee, carried out in the course of employment, whether or not those actions were done with the employer's knowledge or approval.

For example, if one employee is being treated less favourably by another because of his/her race then the offender's employer may be liable unless that employer can show that they took all reasonable steps to prevent such treatment taking place.

Race discrimination in practice

There are a number of contexts in which the forms of discrimination discussed above can affect employees in the workplace. These include: -

· Recruitment
· Advertisements
· Arrangements for offering employment
· Terms on which employment is offered
· Bullying and harassment
· Promotion, transfer and training
· Dismissal
· Post employment discrimination e.g. provision of an adverse reference.

Complaints to an Employment Tribunal

If an employee feels they are being discriminated against on grounds of their race by their employer then that employee can make a claim to an Employment Tribunal.

If a Tribunal finds discrimination has taken place then an award of damages may be made. This may include an award for loss of earnings and/or injury to feelings.

In addition a Tribunal can make a declaration regarding the rights of the complainant and that the discrimination should cease.

If you have suffered from discrimination in the workplace click here or if you are an employer facing legal action or needing advice click here

Types of Discrimination

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