According to the Equality Act 2010, employers should give all workers the same opportunities at work regardless of their race, colour, nationality or ethnic origin. Unfortunately, this doesn’t always happen.
Facing discrimination at work is stressful and upsetting. Our specialist employment lawyers will work hard to relieve the stress and provide clarity on your legal options and best ways of resolving the situation. We have years of experience advising and representing clients, negotiating the many strands and complexities of disability discrimination law. Our firm has also secured significant sums of compensation in settlement and in tribunal for those subjected to discrimination at work.
Racial discrimination is unacceptable in any workplace. If you are being discriminated against by your employer, speak to a member of our employment rights team today.
Race discrimination occurs when someone is treated unfairly either because of, or for a reason related to, their race, colour, descent, nationality or ethnic origin.
This discrimination can take many forms: from employers refusing highly qualified individuals an interview because of their racial origins or nationality, to colleagues making racial comments to you, about you, or even simply within your earshot in the workplace.
The less favourable treatment could be a single act, a series of acts or arise as a result of a rule or policy that has a disproportionate impact on those of a certain race. It does not have to be intentional to be unlawful.
The Equality Act 2010 covers all “employment” and applies to apprentices, workers, employees and applicants for work. Ex-employees/workers are also protected from discrimination by a former employer.
The organisation concerned is generally liable for acts of discrimination; however, individuals may also be personally liable.
Where a Tribunal finds that a claim is well founded, it can order the employer to pay compensation for financial losses, injury to feelings, personal injury damages and, in extreme cases, aggravated damages. Injury to feelings compensation is awarded according to the severity of the discrimination and the extent of hurt feelings and is separated into lower, middle and higher bands.
The Tribunal can also recommend that the employer takes specified steps to remove or reduce the adverse effects of the discrimination on the Claimant (a “recommendation”).
If you think you have been discriminated against, you might be entitled to compensation but the appropriate value can be difficult to assess.
Establishing that discrimination occurred is not straightforward. Sufficient evidence must be provided to enable a tribunal to conclude it is more likely than not that you were discriminated against by the employer.
There will need to be some factual basis upon which the tribunal can make its findings. It therefore helps if you can produce relevant letters or documents that evidence the discrimination or tend to show that it was likely to have occurred. It is also useful to make a note of the key incidents and the dates on which they took place and where discriminatory comments have been made, the precise words used.
This occurs when an employer, because of race, treats a worker less favourably than he treats, or would treat, a person who is not of the same race. It is therefore necessary to identify a comparator. This type of discrimination cannot be justified under any circumstances.
It is important to note that less favourable treatment because of race is prohibited in all circumstances. This also includes cases where it is not the victim’s race that has incited the unfavourable treatment. For example, an employee may be able to argue that they have been discriminated against because of their partner’s race.
This arises when an employer applies a “provision, criterion or practice” (such as a policy) which is not intended to treat anyone less favourably, but which in practice has the effect of disadvantaging a group of people of a particular race.
An employer must not have selection criteria, policies, employment rules or any other practices that, whilst apparently neutral on the face of them, have the effect of disadvantaging employees or job applicants of one race.
Employers can only defend indirect discrimination if they can show they can justify the provision, criterion or practice as a proportionate means of achieving a legitimate aim.
A person harasses another if they engage in unwanted conduct related to race with the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
Examples include comments made about race, colour, descent, nationality, ethnic origin or immigrant status which offend you or make you feel humiliated.
Some workers may be deterred from exercising their rights under the Act or from supporting others who wish to exercise their rights because they fear they will be victimised by their employer.
The Act, in summary, protects workers who make a complaint of discrimination from being treated badly (subjected to a detriment) because they have complained.
If you feel you have been discriminated against because of your disability, you may be able to bring a claim to an employment tribunal. Claims must be brought within three months (less one day) of the act complained of subject to any extension of time granted by correct use of ACAS Early Conciliation.
Where discrimination has occurred over a period of time, the claim can be brought within three months (less one day) of the date of the last act in a series of interconnected, linked acts, subject to any extension of time granted by correct use of ACAS Early Conciliation.
If you wish to bring a claim against your employer, it is important to note that in most cases you must submit a written grievance to your employer complaining of the discrimination. A failure to do so could result in any compensation being reduced by up to 25%. However, the grievance process has no impact on the time limits unless further acts of discrimination occur.
Our Employment Rights team has a longstanding reputation for helping clients with a variety of employment law claims, including discrimination.
We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solutions to support you.
As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.
All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.
Want more information? Contact a member of our team today.
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The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022.
The service we received was exceptional, we were kept in formed at every step. The whole experience was dealt with in a very professional manner.
Employment Rights Client, January 2022
Clear and honest communication and available to speak with when required. A very professional service.
Employment Rights Client, January 2022
Regular updates and clear information without the jargon helped with a group claim that would otherwise have not been awarded
Maddie Daley, January 2022
Morrish Solicitors service was excellent. The level of professionalism was exemplary. I would recommend the firm to everyone, due to the standard of service I received. A job well done and thanks so much for helping me through a difficult period and obtaining the best possible outcome.
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