RACIAL DISCRIMINATION

We are a national network of solicitors who specialise in employment claims including racial discrimination disputes arising under The Race Relations Act 1976. If you would like to talk confidentially to an experienced solicitor just complete and send the contact form. A legal expert who deals exclusively in employment claims will phone you with advice and information on how best to preserve your legal rights. We will give you clear unequivocal advice on your chances of success and the anticipated value of your claim.

The Race Relations Act 1976 which covers the grounds of race, colour, nationality, ethnic and national origin applies in England, Scotland and Wales and very similar legislation relates to Northern Ireland. The Act protects some religious groups but does not cover religion in general. Those protected in employment matters include job applicants, employees, self-employed and contract workers who are protected from discrimination, victimisation and harassment. The act covers recruitment (including terms on which employment is offered, and refusal to offer employment), promotion (including transfer, training, benefits, and facilities offered) and dismissal (including expiry and non-renewal of a fixed term contract).

Whether the action complained of was intended to cause offence does not matter as it will still constitute potential harassment if the employee being subjected to the behaviour feels harmed and finds it unacceptable. Harassment normally constitutes more than one incident of unacceptable behaviour however in certain serious circumstances only one instance may be enough to take action under The Race Relations Act 1976 in the Employment Tribunal.

Racial discrimination can be either direct which occurs when a person is treated less favourably than another on the grounds of race or indirect which means imposing a requirement where the proportion of one racial group that can comply with the rule is considerably smaller than the proportion of another racial group that can comply and an individual is disadvantaged by the rule which cannot be shown to be justifiable irrespective of race.

Racial victimisation occurs when someone has been treated less favourably than another person because they have indicated that they intend to bring a case under the legislation or have given evidence in a case or they have alleged that something has been done that may be against the law in relation to the Race Relations Acts.

Applications for compensation are made to the Employment Tribunal which can award compensation. Tribunals can award an amount for aggravated damages if the behaviour has been particularly offensive. There is no limit to the amount of compensation that can be awarded in discrimination cases which can result in substantial damages being awarded.