Racial Discrimination

What is Racial Discrimination?

It is illegal to discriminate against someone because of their race. This means that if you believe you have been treated unfairly by your employer (or prospective employer) due to your race, you may have a case for employment tribunal compensation.

Most racial discrimination claims at employment tribunals are bought under the provision of the Equality Act 2010 and they can apply to all aspects relating to employment. This includes things such as recruitment and promotions as well as unfair practices while you’re actually on the job and unfair dismissal.

Is Racial Discrimination ever legal?

There are only a couple of very specific circumstances given under the 2010 Equality Act where it is okay for an employer to discriminate due to race:

• If there is a requirement for an employee to be of a particular race.

• If an employer is taking positive action to address inequalities within the organisation.

If you are uncertain whether your case might fall into one of these two criteria, you should seek legal advice from a specialist employment solicitor for clarification as cases are not always clear cut.

Racial Discrimination examples

The Equality Act also outlines what counts as racial discrimination in the context of employment:

• Treating job applicants of a particular race less favourably than others when recruiting for a role.
• Harassing a job applicant or an employee for reasons related to their race
.• Intimidating or victimising an employee or applicant for making a racial discrimination claim.
• Applying practices that mean employees or applicants of a particular race are disadvantaged in the workplace or in the recruitment process, unless there is a very good, demonstrable reason.   If you believe that your employer or a company you have applied to have treated you unfairly because of your race, you should seek legal advice. If it is believed you have a good case, you may well be able to make your claim at an employment tribunal hearing.

Winning a Racial Discrimination Claim

At the hearing, all aspects of your case will be taken into account before a decision is made based on the evidence you and the other party have presented. Depending on the situation, the Employment Tribunal could:

• Make recommendations that set out action that needs to be taken as a result of the racial discrimination, such as adjusting employment practices to comply with the 2010 Equality Act.
• Award compensation to you in the event of winning your claim, including a provision for the impact this has had on your feelings and any loss of earnings you may have incurred as a result of the discrimination.

Considering an Employment Tribunal Racial Discrimination Claim?

If you think you have been the victim of racial discrimination at work and you are considering making an Employment Tribunal Claim, contact our specialist employment tribunal lawyers today. We represent clients in discrimination claim cases throughout England and Wales – and we can take instructions and advise you by e-mail, phone or Skype

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