Employment law
Racial discrimination at work
The Equality Act 2010 says that you cannot be discriminated against because of your race, nationality, ethnic origin or colour. If you believe that you are being treated unfairly due to your race in the workplace, talk to one of our specialist racial discrimination solicitors today
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What is racial discrimination in the workplace?
Under the terms of the Equality Act 2010, its unlawful for an employer to discriminate against any employee on the basis of their race, nationality, ethnic origin or colour. This discrimination can take many forms: from employers refusing highly qualified individuals an interview because of their racial origins or nationality, to colleagues making racial comments to you, about you, or even simply within your earshot in the workplace.
Sadly, while behaviour like this is completely unacceptable, it does still happen in some workplaces. If you believe you've been subject to race discrimination in your employment - either while you were at work or during the recruitment process - speak to one of our sympathetic and experienced employment discrimination solicitors today.
What types of racial discrimination at work are there?
There are four forms of discrimination under the Equality Act 2010 that race discrimination in the workplace falls into:
- Direct discrimination: This is where you're treated less favourably than someone of a different race is treated or might be treated. This might happen during the recruitment process when you're discriminated against and don't even get an interview because of a foreign-sounding name on your application form, perhaps because an employer thinks that you might not fit in with the existing workforce.
- Indirect discrimination: This can happen due to rules that affect all workers but would in effect rule out members of certain ethnic groups, such as if beards were forbidden, unless there's a genuine business requirement for this certain rule.
- Victimisation: This is where you're subjected to negative treatment because you've made a complaint in the workplace about any form of race discrimination such as racial comments, attitudes or stereotypes relating to your ethnicity or nationality or have supported someone else who has complained about this kind of behaviour.
- Harassment: This is where you've suffered unwanted conduct related to race which has the purpose or effect or violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
If you believe you've been discriminated against based on race, nationality, ethnic origin or colour, we're here to help.
What can I do about racial discrimination at work?
If you've been subjected to racial discrimination in the workplace, or during the recruitment process, you need to act quickly. You only have three months, minus one day, from the date of the last discriminatory act to start a claim at an employment tribunal.
Before you can do this, you will first need to send details of your claim to the Advisory, Conciliation and Arbitration Service (ACAS). They will establish whether your employer will agree to 'early conciliation', which takes up to a month, and is added onto the three-month period if necessary. Where ACAS conciliation fails, we're here to help you to make a race discrimination claim at an employment tribunal.
Why choose Slater and Gordon’s racial discrimination solicitors?
Everyone has the legal right to be treated fairly and with respect at work. Racial discrimination is unacceptable, and if you’ve been treated unfairly the consequences can go far beyond the workplace, impacting your personal life, health and well-being. It is therefore critical that if you’re experiencing racial discrimination at work, you speak to a specialist solicitor who can help work with you to set things right.
Our friendly and compassionate employment team have an outstanding track record of success in handling racial discrimination at work cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.
If you believe you've been unfairly discriminated against, victimised or harassed on the grounds of your race, nationality, ethnic origin or colour, it's time to speak to one of our experienced solicitors.
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Frequently asked questions about racial discrimination at work
How do I make a claim for racial discrimination in the workplace?
Racial discrimination is unacceptable in any area of life, including at work. It can have a huge impact on your career, as well as your overall health and wellbeing. If you have made attempts to resolve the matter informally with your manager, boss or HR team and haven’t received the support you needed, you may be able to take your employer to an employment tribunal.
Speak to a member of our team on 0330 041 5869 or get in touch online and request a call back at a time that suits you.
Is there a time limit for making a claim for racial discrimination in the workplace?
The deadline for making a claim for discrimination is quite tight – you only have three months, minus one day, from the last act of discrimination to submit a complaint to an employment tribunal.
We strongly advise that, if you’re the victim of discrimination at work, you contact a specialist solicitor as soon as possible to discuss how we can support you. Call us on 0330 041 5869 or get in touch online.
What compensation can I claim for racial discrimination in the workplace?
If an employment tribunal rules that you’ve been discriminated against, they can order your employer to pay you compensation for any financial losses you’ve suffered because of the discrimination, as well as:
- Injury to feelings (the harm or distress you have suffered)
- Aggravated damages (this is compensation for any notably bad behaviour from your employer)
- Any personal injury, whether physical or mental, caused by the discrimination