An Easy To Understand Guide To Workplace Race Discrimination Claims

Unfortunately, race discrimination in the workplace is a very prevalent issue, but it is something that no one should be subjected to. All employees should be aware that if they have experienced race discrimination whilst they are at work then they are protected by The Equality Act 2010 (The EA). This key piece of legislation is a combination of former statutes that have been designed to prevent this type of discrimination, and it makes discrimination on the basis of someone’s race unlawful in every section of UK employment.

If you have experienced race discrimination in the workplace, or you know a colleague who has, and you are keen to learn more about The EA and how to make a race discrimination claim, keep reading today. Below we have put together an easy to understand guide, covering all of the basics in this regard. 

What is ‘race’ under The EA?

Race is one of many protected characteristics in The EA and the definition of ‘race’ in this piece of legislation refers to; skin colour, nationality and ethnic or national origins. So, if you are discriminated against for any of these reasons, The EA will provide you with protection. 

Who can act in a discriminatory way in the workplace?

Whilst racial discrimination can take place outside of the workplace and still be unlawful, this will often be considered to be a civil wrong and a claim should be brought to a County Court. If you want to make a race discrimination claim to the Employment Tribunal, the discriminatory behaviour will need to be carried out by; an employer, a colleague or a customer/client. 

It is worth noting that in many cases, whilst an employer might not be the one acting in a discriminatory way, they may be held responsible for the actions of the responsible party. Also, all employees should be aware that discriminatory behaviour can be unconscious and you do not have to prove that it was done on purpose or that there was a motive when making a claim. 

Who can be racially discriminated against?

Ultimatley, anyone can be the victim of racial discrimination. Whilst someone can be directly discriminated against because of their own race, it is also possible to be racially discriminated against because you are associated with someone else of a certain race. Not to mention, you can be discriminated against due to a perceived race too. 

It does not matter what the race is of the person who is conducting the discriminatory behaviour either and it is possible to get race discrimination within a race where a person of the same race is discriminating against you. 

What are the different types of race discrimination?

The types of race discrimination that are protected by The EA are; direct discrimination, indirect discrimination, harassment and victimisation. 

Simply put, direct discrimination occurs when a person is treated less favourably because of their race. Indirect discrimination results from a provision that puts a person at a disadvantage compared to someone of a different race. Harassment is when someone experiences unwanted conduct because of their race that violates their dignity. Victimisation is where someone receives unfavourable treatment because they are involved in a race discrimination claim. 

How long do you have to make a race discrimination claim?

When you want to make a race discrimination claim, you generally need to do so within three months less one day of the discriminatory behaviour. If the discriminatory behaviour experienced has been ongoing for some time, the claim should be made within three months less one day of the last incident. 

Employment Tribunals do have the power to extend this time frame, however, this is not something they will do in every case and it needs to be just and equitable for them to do so.

What compensation can you receive?

Similarly to other discrimination claims, the compensation that can be provided to claimants for damage directly caused by race discrimination is limitless. Some of the different things that you may be able to get compensation for when making a race discrimination claim include; loss of earnings and injury to health or feelings. An Employment Tribunal Judge will be responsible for deciding how much compensation you are awarded. 

Speaking to an employment law specialist about race discrimination claims

Hopefully, you will now know a little bit more about how The EA protects against race discrimination in the workplace. If you are interested in making a race discrimination claim and you would like to speak to an employment law specialist about your circumstances in more detail, please do not hesitate to contact us here at Nationwide Employment Lawyers today. Our team of expert employment law solicitors will gladly answer any questions you may have about bringing a claim to the Employment Tribunal and, if required, they can provide comprehensive assistance with your case.