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Race Discrimination

If you believe you are being treated unfairly by your employer or work colleagues because of your race or ethnicity, you may have a claim for race discrimination. In addition, if you have suffered harassment because of your race or ethnicity you may also have a claim for race discrimination. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for makings claims; usually three months less one day from the date of your complaint. It is therefore important you seek advice as soon as possible.

Case Study

Mr and Mrs A came to see us for a Fixed Fee Interview. They were a Chinese couple and had moved to the UK to work in a restaurant. They explained they were both working one night when Mr A was assaulted and badly hurt by another member of staff. He was clearly injured but was refused permission to leave work in order to seek medical assistance. Mr A began to feel faint and Mrs A was so concerned that she made her husband leave work. She spoke to the duty manager and explained she was taking her husband to the nearest hospital. Mr A was kept in hospital for treatment. Mrs A phoned her employer the next day to let them know. Despite her clear and reasonable explanation, she was told they were both sacked and should not bother coming back.

During the Fixed Fee Interview we, of course, advised that they both they had excellent claims for unfair dismissal. However, as we discussed the history of their employment it became apparent that Mr and Mrs A had been subjected to appalling treatment by their employer. They had not been paid the minimum wage, they were not allowed rest breaks or holiday, they had never received a contract of employment and when they commenced employment they had to work a period without being paid as a ‘deposit’. Mr and Mrs A explained that the English restaurant staff were treated differently and it was only the Chinese staff who suffered these conditions.

Mr and Mrs A pursued a claim through the Employment Tribunal for race discrimination, unfair dismissal, unlawful deduction from wages and breach of the working time regulations. We were able to represent Mr and Mrs A on a “no win, no fee” basis as otherwise they would not have sufficient funds to pay for our assistance. Together, we were able to secure a compensatory payment which Mr and Mrs A were delighted with. We were also able to refer Mr A to a colleague in our Personal Injury Department in respect of his injuries. They secured further compensation for Mr A from the Criminal Injuries Compensation Board.

Fact Sheet

It is unlawful to for your employer to discriminate against you on the grounds of your race or ethnic origin.

What is Race Discrimination?

There are 3 kinds of unlawful race discrimination. These are:

  1. Direct discrimination. This is where, for a reason relating to your race, you are treated less favourably than someone else of a different race.
  2. Indirect discrimination. This is where your employer operates, without good reason, a rule, procedure or practice that significantly affects you because of your race or ethnic origin.
  3. Victimisation. This is where you are victimised because you have raised an issue of race discrimination, either to your employer or to an Employment Tribunal. For example, if you complained to your employer that you had been bullied on the grounds of your race by a colleague, and, as a direct result, your employer then treated you less favourably.

Who can I claim against?

If you are racially discriminated against, you can bring a claim against the person who has discriminated against you and you can also bring a claim against your employer.

Who can bring a claim for unlawful race discrimination?

There is no requirement for you to have been employed by your employer for any length of time before you can bring a claim for race discrimination. There is no need in fact for you to actually be an employee. You can bring a claim for unlawful discrimination if you are:

  • You have been turned down for a job because of your race
  • You are not actually an “employee” but a “worker” providing services to your employer. For instance, you may be self-employed; or
  • You are not provided with a reference from your old employer because you had complained of race discrimination whilst you were an employee there.

    • Remedies

    If you have been discriminated against on any of these grounds, an Employment Tribunal may award you compensation. This is usually compensation for any losses you may suffer (e.g. loss of earnings if you are dismissed) and an award for injury to feelings. There is no limit to the amount of compensation that can be awarded for race discrimination.