It is against the law for an employer to discriminate against an employee on grounds of race, colour, ethnic origin or nationality. Therefore, if you feel that you have been treated less favourable in the workplace because of the above characteristics you may be able to claim race discrimination compensation.
Race Discrimination Law
It is the Equality Act 2010 which protects people against race discrimination in the workplace.
Four Types of Race Discrimination
The above act prevents an employer from:
- directly discriminating against an employee or job applicant by treating them less favourably than others on grounds of race, colour, ethnic origin or nationality.
- indirectly discriminating against an employee or job applicant by putting in place a policy, practice or criteria which puts one race at a disadvantage to the other.
- harassing an employee or job applicant because of their race which leads to a violation of the employee’s dignity. Such harassment includes being intimidating, humiliating or creating an offensive environment for the employee.
- victimising/ unfairly treating an employee who made a complaint about racial discrimination or has supported a complaint.
There are two exceptions where an employer is permitted to discriminate against an employee on grounds of race where:
- the job requires an employee to be a particular race
- an employer reasonably thinks that an employee who possesses a particular characteristic is at a disadvantage and so takes steps to help them overcome that disadvantage.
The law only protects certain categories of individuals against race discrimination. The most obvious category is employees are protected against race discrimination. However, other individuals who are also protected include:
- Job applicants,
- Agency workers and other contract workers,
- Barristers and advocates,
- Those people on work experience placements,
- Office holders
- Those seeking or holding professional qualifications
- Members of a Trade Union
- Members of Local Authorities
To be considered an “employee” for the purposes of being able to make a claim you must have a contract of employment, a contract of apprenticeship, or a contract where you personally do the work for another individual. This contract can be in writing or orally.
Are you within the time limit?
three months starts from the end of that period.
Therefore, you are entitled to bring a claim for race discrimination if you are:
- an “employee” or fall into one of the above categories
- you have been directly or indirectly discriminated against because of your race, victimised or harassed; and
- are within the three month time limit.