Legal advice helpline on Racial discrimination at work
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Racial discrimination advice

We are a firm of solicitors that operates in all areas of employment law throughout the United Kingdom. We offer free race discrimination advice and will inform you at an early stage whether you have a good case, how to start a claim and how much it will be worth. We will give you information on how to finance your claim which may include no win no fee arrangements in appropriate cases.

If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

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SEX DISCRIMINATION ACT

Definition - Under the Race Relations Act 1976 it is unlawful in employment to discriminate, either directly or indirectly, on the grounds of race, colour, nationality or ethnic origins.

What can be done?
 

Anyone who feels they have a complaint must apply to an employment tribunal within three months of the act complained of. There are no minimum length of service or age requirements to bring a claim. Individuals do not have to have left employment before making a tribunal claim. There is no upper limit on the amount of compensation a tribunal can award.
 

This problem can arise in any of four ways:
 

direct
harassment
indirect
victimisation

There are six types:
in arrangements for determining who shall be offered employment
in the terms on which employment is offered
by refusing or deliberately omitting to offer the person employment
in the terms of employment provided
in the way in which access is provided to opportunities for promotion, transfer or training, or any other benefit, facilities or services
by dismissing or subjecting a worker to any other detriment

Who is liable under the Act?
In the employment field liability usually lies with the employer and/or any other employee who is found to have been guilty of the same shortcomings.
Employers will be liable for the acts of employees where those employees are acting in the course of their employment. This is known as vicarious liability.

Who is covered by the Act?
The Race Relations Act protects both applicants for jobs and employees. It may also protect contract workers and self employed workers. All employees and workers are covered irrespective of their length of service or the number of hours they work each week.

Meaning of 'race'
Under section 3 of the Race Relations Act 1976, race means colour, nationality or ethnic or national origins. A person can be a member of several racial groups at the same time.

Proof
It is for the person making the claim to establish that race discrimination has occurred. The employee has to prove it 'on the balance of probabilities'.
What can the tribunal do?

An employment tribunal can award one or more of three remedies if it finds that an individual has been a victim.

A declaration which is an order declaring what the rights of the parties are
compensation
 

A recommendation that the employer should take certain steps to remove or reduce the problem

Compensation

There is no ceiling on the amount of compensation a tribunal can award for these applications. Compensation normally includes an award for injury to feelings and an award to take into account any loss suffered, for example loss of wages or pension. An award for injury to feelings is not automatically made. Injury must be proved but this is relatively easy. Few tribunals need much persuasion that the anger, distress and affront has injured the employee's feelings.
 

Aggravated damages

These may be awarded if the circumstances are such that the sense of outrage is increased by the manner in which the illegal act was done, the motivation behind it, or the way in which the tribunal process was conducted.
 

Recommendations
A recommendation must be practical, have a time limit and avoid or reduce the effect on the employee of any act to which the complaint relates. If the employer fails to comply with a recommendation a tribunal may order that compensation be increased or if no original order for compensation was made it may make one.
 

Time limits
The Race Relations Act imposes strict time limits throughout the procedure. Good cases can be lost before they start through hesitation or delay. The time limit for making a claim to the employment tribunal is three months from the act of discrimination.
 

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Useful legal links

Women & equality - Government advice

Equal Opportunities Commission

Direct Gov employment site

Worksmart (TUC)

Commission for Racial Equality site