Race Discrimination Solicitors Compensation Claim - Racial Harassment Lawyers

HELPLINE: ☎ 0330 660 7122

Employment solicitors deal with race discrimination compensation claims relating to a workplace environment. They also handle allegations of racial harassment and victimisation. If you would like free advice without further obligation just complete the contact form, call the helpline or email our offices. A race discrimination solicitor will review your potential compensation claim there and then and will give you advice on liability, whether or not the case is worth pursuing and the anticipated award of damages which are unlimited in a race discrimination, racial harassment or victimisation claim before the Employment Tribunal. If you have been dismissed or if you have resigned or are thinking about resigning because of race discrimination, racial harassment or victimisation you are well advised to speak to a solicitor before taking any further precipitous action in order to preserve your legal right to receive compensation for any unlawful acts by your employer.

Applications for compensation are made to 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.

Race Relations Act 1976

The Race Relations Act 1976 which covers the grounds of race, colour, nationality, ethnic and national origin applies in England, Scotland and Wales with very similar legislation in Northern Ireland. The legislation 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).

Racial prejudice or acts of race discrimination in the workplace which can be taken to the Employment Tribunal by a race discrimination solicitor are covered by applicable legislation and provide guidance for situations of employment in the following areas:

  • application process
  • employment
  • termination
  • terms of employment
  • salary
  • benefits
  • training
  • promotions
  • transfers

If you believe that you were subjected to biased treatment in your place of work that was based on race, national or ethnic background or your colour you might have a racial discrimination compensation claim that is actionable by our specialist solicitors. In order to make a determination of discrimination based on race, intent is not important, normally if the act or acts are determined to be damaging and produce unfavourable treatment, the intent to do harm does not need to be established.

Racial Discrimination

Race discrimination solicitors deal with compensation claims by applying the Race Relations Act 1976 which covers discrimination on the grounds of race, colour, nationality, citizenship or ethnic origin :-

  • Employers must treat all job applicants, employees, self-employed workers and contractors the same notwithstanding their race, colour, nationality, citizenship or ethnic origin in regards to training, promotion, selection, recruitment, salaries, pay and benefits.
  • Landlords, residential letting agents and property owners must treat all individuals with whom they deal in business on an equal basis regardless of race, colour, nationality, citizenship or ethnic origin in regards to occupying, renting or purchasing property.
  • It is unlawful for any public body which includes schools, colleges and universities to discriminate on the basis of race, colour, nationality, citizenship or ethnic origin.
  • It is unlawful for any merchant who sells goods or any service provider to discriminate against a purchaser or potential purchaser by the provision of inferior goods or services on the basis of race, colour, nationality, citizenship or ethnic origin.

Direct or Indirect Discrimination

Race 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. Improper or illegal acts are distinguished as either Indirect or Direct:

    Direct Discrimination:

    Direct racial discrimination points to individuals of a select race receiving certain privileges, such as promotion or better working conditions over equally qualified persons in the same position or those that are denied promotions or privileges based on their race. Acts of persecution or provocation by co-workers or employers that are racially motivated are also “direct discrimination”.

    Indirect Discrimination:

    Indirect race discrimination is the occurrence of employment policies that appear to be impartial at first glance but on further examination impede those of certain races or ethnic backgrounds from getting a desired position. Take for instance a policy that dictates that employees in management positions keep their hair short; this policy may affect a Sikhs’ ability to get promotion to management, as they are required by convictions of faith to wear their hair long under their turbans. Some policies are therefore deliberately enacted to preclude the application for certain positions based on race.

Racial Harassment

Racial harassment is a type of racial discrimination. An individual becomes a victim of racial harassment if subjected to offensive or unfavourable treatment based on their national origin, race, colour or ethnicity. There are numerous different practices which may constitute direct racial harassment including verbal provocation, slander or isolated physical attacks. Racial harassment can also take the more subtle form of bullying which is a succession of seemingly trivial or insignificant incidents, but when considered together amount to racial harassment. Claims based solely on an opinion of a person’s prejudice will not succeed. Prejudice is a perception about how certain groups act whereas harassment is represented by acts which by law are unacceptable.

There is no definition of what amounts to racial harassment in the legislation however it has been defined in several leading cases before the Employment Tribunal as 'any type of unwanted behaviour linked to race, colour, nationality or ethnic or national origins that may range from mildly offensive comments to serious physical assault'. Racial harassment can take various forms including :-

  • name-calling
  • bullying
  • racist jokes
  • verbal abuse
  • unprovoked physical assaults
  • racist graffiti
  • arson or attempted arson

The above definition arises as a result of claims before the Employment Tribunal based on applicable legislation which includes :-

  • Protection from Harassment Act 1996
  • Race Relations Act 1976
  • Sex Discrimination Act 1975
  • Disability Discrimination Act 1995
  • Criminal Justice & Public Order Act 1994

Whether the action complained of was intended to cause offence does not matter as it will still constitute potential racial harassment if the employee being subjected to the behaviour feels harmed and finds it unacceptable. Just one serious instance of racial harassment may be enough to justify an award of compensation by the Employment Tribunal which 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 by the Employment Tribunal in these cases and there is no minimum period of employment necessary to qualify for an award.

There is some confusion between bullying and harassment. The courts often interpret unlawful actions as harassment if there is an overlying physical aspect which may be just a onetime event based on race. Bullying on the other hand is often without physical intimidation and may not contain an overt racial element but consists of a number of relatively minor confrontations intended to eventually intimidate the victim. Racial harassment can however be direct and obvious or it may take a more insidious format and be relatively subtle - indirect racial harassment whilst not being obvious nevertheless still intimidates the victim.

Racial Victimisation

In addition to direct and indirect behaviour which may give rise to a claim for compensation there is a third category of racial discrimination relating to victimisation which occurs when someone is treated less favourably because they intend to make a claim under the legislation or because they have given evidence in a case heard before the Employment Tribunal or because they have alleged that something has been done that may be against the law in relation to the Race Relations Act 1976.

Evidence Preservation

Victims who have suffered race discrimination in the workplace and intend taking their claim to the Employment Tribunal for an award of compensation can greatly increase their chances of success if they obtain and preserve evidence of wrongdoing or unlawful acts in order to assist their race discrimination solicitor. Recording relevant information is extremely important as follows::

  • Keep detailed notes or a log filled with specific circumstances of harassment. Specifics should consist of dates, times and locations as well as names of witnesses or harassers.
  • Promptly inform a superior, the offender’s superior if known immediately after any incident of harassment and keep a note in your log or diary.
  • If the superior’s actions have no effect, then lodge an official complaint with a trade union official or management. Use your log or diary to record the specifics.

Race Discrimination Solicitor

Our race discrimination solicitors specialise in disputes arising under the Race Relations Act 1976. If you would like to talk confidentially to an experienced lawyer just use the helpline or email our offices. A legal expert who deals exclusively in employment claims will phone you with advice and information on how best to preserve your legal rights. You will be given clear and unequivocal advice on your chances of success before the Employment Tribunal and the anticipated value of your claim.

If you would like to talk confidentially to a race discrimination solicitor about a potential compensation claim in the Employment Tribunal just use the helpline or email our offices.

HELPLINE: ☎ 0330 660 7122