Racial Discrimination

No employee or potential employee should receive less favourable treatment or consideration because of of their race or be disadvantaged by any conditions of employment any practice or requirements that cannot be justified. This law is governed by the Equality Act 2010 and covers race discrimination in recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.

The definition of “Race” includes colour, nationality, ethnic or national origins.

Race discrimination can take the following forms:-

Direct Race Discrimination

This is where a person (A) treats another (B), because of their race, less favourably than A treats or would treat others. This includes segregating B from others.

Indirect Race Discrimination

This is where an employer applies a provision, criterion or practice equally to all races but it puts or would put people of the same race or ethnic or national origins at a particular disadvantage when compared with others or puts a person of that race or ethnic or national origin at that disadvantage and it cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment

A person (A) harasses another (B) if:-

(a) A engages in unwanted conduct related to B’s race; and

(b) the unwanted conduct has the purpose or effect of (i) violating B’s dignity or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

Victimisation

A person (A) victimises another person (B) if A subjects B to a detriment because B raises a grievance about race discrimination, brings a claim of race discrimination, complains about or alleges race discrimination or gives evidence or information in relation to someone else’s race discrimination claim or because A believes that B has done or may do one of those things.  So if for example you are denied promotion or training because of your involvement in a complaint of race discrimination, this may be considered victimisation.

If an allegation is made in bad faith or false evidence or information is given this may mean you are not protected.

If you think that you have suffered any of the above kinds of race discrimination then contact us for a free initial telephone consultation to assess the merits of your case.

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