Racial discrimination is when an individual is treated unfairly because of their race, or because of the race of another individual for example, their partner.
‘Race’ refers to an individual’s colour, nationality, citizenship, and ethnic/national origins.
According to figures released from the Ministry of Justice and employment tribunals, race discrimination claims in the workplace increased by 4% in the past year. In this article, our Employment Solicitor, Haylee Chambers explains how you can ensure you are being treated fairly at work and how a solicitor can help.
Racial Discrimination in the Workplace
What rights do employees have against racial discrimination in the workplace?
Under the Equality Act 2010, employees and workers have the right not to be discriminated against due to their race, which includes colour, nationality, and ethnic/national origins.
Discrimination includes being treated less favourably than others, being put at a disadvantage due to a seemingly neutral policy or being victimised for complaining about race discrimination.
What protections are there from racial harassment in the workplace?
Also, under the Equality Act 2010, employees and workers are protected from harassment related to race if the conduct has the purpose or effect of violating an employee’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The conduct does not have to be aimed at the employee for them to be offended by it.
What can an employee do if they feel they have been discriminated against because of their race?
Employees and workers can raise it with their employer (by way of grievance), seek support from their trade union (if they are a member) and potentially look to issue a claim in the Employment Tribunal.
The deadline to bring a claim in the Tribunal is generally 3 months less 1 day from the date of the act, so employees and workers must act quickly.
What can someone do if they feel they have been discriminated against during the recruitment process because of their race?
Job applicants are also protected by the Equality Act 2010. Employers must not discriminate against job applicants in deciding who to offer employer to, on the terms of employment or by not offering employment.
If a job applicant feels they have been discriminated against during their recruitment process because of their race, they can bring a claim in the Employment Tribunal.
Making a Claim for Racial Discrimination in the Workplace
Employers should ensure they have appropriate Equal Opportunity policies and training in place and create an inclusive working environment. Policies and training should be reviewed and updated on a regular basis, with an open-door policy regarding the reporting of discrimination.
If you feel you’ve suffered racial discrimination in the workplace, you could be entitled to make a claim in the Employment Tribunal. To discuss the matter with a member of our Employment Team please call us on 033 3344 9603.
Specialist Employment Solicitors Leeds & Yorkshire
Morrish Solicitors are a well-established law firm based in Yorkshire. We provide legal advice to private clients, trade unions, associations and their members based both regionally and nationally. Our team of experienced Employment Solicitors can offer clear, honest and professional advice on a range of employment matters including:
- Employment Rights
- Redundancy Legal Advice
- Protective Award Claims
- Discrimination and Equal Pay
- Unfair Dismissal
- Settlement Agreements
- Executive & Professional
- Regulatory, Professional & Disciplinary Representation and Advice
If you’d like to speak to a member of our team regarding an employment matter please contact us on 033 3344 9603 or simply email [email protected] with your request.
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