Race discrimination in the workplace

If you believe you have been discriminated against on grounds of race or you have a query which you wish to discuss on a confidential basis, then please complete the enquiry form or call 0844 488 9090.

What is race discrimination?

Race discrimination occurs where a person treats another person less favourably on grounds of that individual’s race, national or ethnic origins or colour.

The Race Relations Act 1976 is the main piece of legislation that deal with claim for race discrimination. It refers to different types of discrimination, which are detailed as follows:

Direct discrimination

In a race discrimination claim the less favourable treatment is obviously on racial grounds and the test is whether, but for the individual's racial original, ethnic origin, nationality, national origin or colour, he/she would not have been subject to that treatment.

Indirect discrimination

Indirect discrimination will occur if a condition or requirement is imposed which has a disproportionate impact on a particular racial group so that a considerably smaller proportion of members of that group can comply than those outside it, and it cannot be objectively justified on some basis other than colour, race, nationality, ethnic or national origins. It is necessary for the individual to show that they cannot comply with the condition or requirement and that it is to their detriment. 

Whether someone can comply with the condition or requirement is decided by what he/she can do in practice rather than in theory.
 
Victimisation
 
An employer would be guilty of race discrimination by victimisation if he/she treated any employee less favourably than others because that employee has already or threatens to bring proceedings, give evidence or information, take any action or make any allegation concerning the employer with reference to the Race Relations Act 1976.
 
Harassment
 
A person subjects another person to harassment in circumstances where on grounds of that person’s race or ethnic or national origins he/she violates that person’s dignity or creates an intimidating, humiliating or hostile environment for that person.
 
Exceptions to race discrimination protection
 
As with sex discrimination the law recognises that in some circumstances there may be a good reason to give favourable treatment to a particular race. There are at present two areas where exceptions to the law against race discrimination appear to exist:
 
  • If an employer identifies that a particular racial group has not been properly represented within certain work areas, he may try to encourage individuals of that group to apply by providing training or through an advertising campaign. The employer must be able to show that in the previous 12 months there have been either no individuals of a racial group, or only a small proportion of them carrying out the particular work in question. If this exception does not apply then the positive action will be discriminatory
  • For some jobs belonging to a certain racial group is a requirement. The number of jobs where a person's race is a genuine occupational qualification is not as high as that concerning a person's sex.
View my profile
Philip Richardson
Employment Law Solicitor

Latest News