Race Discrimination in the Workplace

It is unlawful to discriminate against a worker in the workplace. Direct race discrimination occurs when a worker is treated less favourably because of their race. The definition of ‘race’ covers colour, nationality and ethnic or national origins.

What protection do employees have against racial discrimination? 

The Equality Act 2010 (“EqA”), is the key piece of legislation relating to race discrimination at work. The EqA sets out a list of ‘protected characteristics’, of which race is one. The others are sex, disability, pregnancy and maternity, age, religion or belief, sexual orientation, marriage and civil partnership. The EqA makes it unlawful to discriminate against someone on these grounds.

Discrimination includes direct discrimination, indirect discrimination, failure to make reasonable adjustments, victimisation and harassment. These have specific meanings under the EqA and you can learn more about these on the Nationwide Employment Lawyers website.

Contrary to common belief, the EqA does not just protect employees whilst they are employed. It covers them from the beginning of the recruitment process to after employment has finished. For example, a worker will suffer discrimination if they do not obtain a new because of a discriminatory reference due to race. 

Anyone undertaking an apprenticeship is also protected by the EqA and all job roles are covered, even those you might not expect, such as sports professionals, barristers, police officers and members of the House of Lords. Ultimately, discrimination on the basis of race is never acceptable and workers will have the opportunity to take a claim to the Employment Tribunal if they have experienced racial discrimination. 

Common examples of racial discrimination in the workplace

Although individual experiences of racial discrimination in the workplace can be varied there are a few common scenarios that occur throughout all industries. Some examples of workers being treated unfavourably because of their race, their family member’s race or even their perceived race include:

• Not being offered a job 
• Not being given a promotion 
• Being dismissed from a role 
• Not being provided training 
• Being given fewer employee perks 

Many of these are commonly carried out by an employer, however, racial discrimination can also be caused by people within the working environment, from colleagues to agents. 

It is important to note that regardless of who carries out the discriminatory behaviour, an employer can still be responsible. For example, should a third party, such as a customer, directly discriminate against an employee in the workplace, an employer may, depending on the facts, still be taken to an Employment Tribunal and be held responsible for the actions of the customer. 

Speaking to an employment law specialist about discrimination 

Should you require some clarity in this regard, do not hesitate to speak to an employment law specialist, they will have an in-depth understanding of The EqA and be able to provide you with some tailored advice. 

Here at Nationwide Employment Lawyers, we will gladly discuss your experience of racial discrimination with you in more detail, providing you with any information you may require about UK employment law. We understand that dealing with an employment law issue can be both stressful and time-consuming, and we will do all we can to shoulder the burden for you. If you decide to take a claim to the Employment Tribunal, we can support you throughout all legal proceedings too and our employment law specialists will be committed to winning your case.