Overview of race discrimination 

The Race Relations Act 1976 outlaws race discrimination in the workplace (as well as in education, transport and the provision of goods and services).

This means all employees and job applicants, including in the armed forces, are protected by law from discrimination on the grounds of race, ethnic or national origins, colour or nationality.

It is unlawful for an employer to discriminate, on the grounds of race, for example, by refusing to hire a person, by offering a job on less favourable terms and conditions than other people, by refusing promotion or transfer, refusing training, offering only short-term work, dismissing a person or making them redundant. 

What is discrimination?

Discrimination takes many forms. It can be direct, indirect, or involve harassment or victimisation.

Direct discrimination happens when the employer treats a person less favourably than another on the grounds of their race or national or ethnic origin. There is no need to prove that the employer intended to discriminate. The fact they did is enough.

Indirect discrimination happens where there is a practice or criterion which seems unrelated to race, but which has the effect of disadvantaging a racial group or racial groups.

Harassment occurs where a person is subjected to unwanted conduct that makes them feel humiliated, intimidated, degraded or offended, and the treatment is on the grounds of race, national or ethnic origin. It is enough that there is a general culture or environment in which the person feels harassed, whether by general office banter or excessive criticism. All the circumstances are taken into account when considering whether harassment occurred, including the perception of the person who is raising the complaint.

Where an employer treats a person less favourably because they are bringing a discrimination claim, they may be found to have ‘victimised’ that person. Victimisation is unlawful, and the employer could find themselves paying compensation as a result. 

Who is responsible?

The employer is usually liable for race discrimination in the workplace, even where the discriminatory acts were carried out by another employee. This is because employers have a responsibility to provide a safe working environment free from discrimination.

The employer can only avoid this responsibility if he or she can prove they took all reasonably practical steps to prevent the discrimination. These steps might include, for example, diversity training within the workforce. This defence rarely succeeds. If it does, the employee can then pursue a claim against the individual employee responsible.

Exceptions

Discrimination is lawful where there is a “genuine occupational requirement”, for example, where an actor is required to play a particular character, or where the employment involves providing welfare advice to persons of a particular racial group and someone of that same racial group can do the job most effectively.

What can you do if you suffer discrimination?

You may make your complaint known to your employer, who may then take steps to resolve the issue. You may wish to use your employer’s internal grievance procedure.

Since 6 April 2009, the law on internal grievance procedures has been simplified, and employers are now advised to follow the Acas code of practice when tackling problems at work. This is available online at: www.acas.org.uk/dgcode2009.

You may wish to try mediation. This is a method of resolving disputes in which an independent third party acts as a neutral mediator to enable both parties to find common ground and resolve their differences.

You can make a claim to an employment tribunal, and seek compensation from your employer. This claim should be made within three months of the behaviour complained of, or it may be time-barred.

There is no ceiling on the amount of compensation that can be awarded, and it will normally include an award for injury to feelings and an award for any loss suffered.

The tribunal can also make recommendations, for example, that the employer introduce training or mentoring into the workplace.

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