It is unlawful for an employer to discriminate against an employee on racial grounds, including race, colour, nationality or ethnic or national origins. If you have been the victim of race discrimination in the workplace, please contact one of our solicitors for advice.
Direct racial discrimination
Direct racial discrimination occurs when an employer treats an employee less favourably on racial grounds than others in similar circumstances.
To prove this, it will help if you can give an example of someone from a different racial group who, in similar circumstances, has been, or would have been, treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.
Indirect racial discrimination
Indirect racial discrimination occurs when a provision, criterion or practice which, on the face of it, has nothing to do with race and is applied equally to everyone:
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puts or would put people of the same race or ethnic or national origins at a particular disadvantage when compared with others; and
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puts a person of that race or ethnic or national origin at that disadvantage; and
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cannot be shown to be a proportionate means of achieving a legitimate aim.
Victimisation
Victimisation occurs if an employee is treated less favourably than others in the same circumstances because the employee has complained about racial discrimination, or supported someone else who has.
Harassment
A person harasses another on grounds of race or ethnic or national origins when he or she engages in unwanted conduct that has the purpose or effect of:
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violating that other persons dignity; or
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creating an intimidating or hostile, degrading, humiliating or offensive environment for them.
Often, a claim of race discrimination can be settled by way of a compromise agreement.
Please contact one of our solicitors for further advice.
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