Race discrimination law as it applies in the workplace is contained in the Equality Act 2010. If you believe race discrimination may be occurring in your business, you should bring your concerns to a specialist race discrimination lawyer.
Direct discrimination is where a person is treated less favourably on the grounds of their race, colour, nationality, or ethnic or national origin. This need not be the person’s own race, for instance it is direct discrimination where someone is treated less favourably because of their partner’s race. The test of less favourable treatment is comparative and the comparator may be a specific or hypothetical individual.
Indirect race discrimination at work where a provision, criterion or practice is applied to everyone, but a racial group is put at a particular disadvantage compared to other people. To succeed a claimant needs to demonstrate disadvantage as a result of the provision or its application. A claim can be defended if it can be objectively justified. This is where it can be demonstrated to be a proportionate means of achieving a legitimate aim.
Harassment or unwanted conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The harassment need not be because of the person’s own race for it to be unlawful.
Victimisation where someone is treated detrimentally because they have made or intend to make a complaint or allegation of race discrimination at work. Also where they give or intend to give evidence in relation to a complaint.
Our specialist race discrimination lawyers advise on best practice with regards to race discrimination law. This includes equality and diversity policies and training for managers. We can also advise on or handle grievances and disciplinaries regarding race or represent you at an Employment Tribunal.