Experiencing racial discrimination at work can be deeply upsetting and damaging to your wellbeing and career.
It is important to know that racist behaviour in the workplace is unlawful, regardless of whether it comes from an employer or a colleague.
You have the right to work in an environment that is safe and respectful. We can help you understand your rights and how to address a situation when you have faced discrimination.
Our Associate Solicitor, Kristie Willis, explains what the right steps are when you have experienced racial discrimination.
What is racial discrimination in the workplace?
Under the Equality Act 2010, race is a protected characteristic and it is illegal to discriminate against someone due to their race, colour, nationality and ethnic or national origins.
Racial discrimination is not always direct and can be indirect, where workplace policies and practices disadvantage certain racial groups.
Other forms can include racial harassment, such as offensive comments or behaviour and victimisation, where you are treated unfairly because you raised concerns about discrimination.
Examples of racist behaviour include:
- Being called racist names
- Being subject to racist ‘jokes’ or ‘banter’
- Receiving offensive messages on social media
- Being denied opportunities and benefits
- Not receiving the same level of support as colleagues
- Discrimination at any stage of employment
- Bullying on the basis of race
Even behaviour passed off as humour can be unlawful if it creates an intimidating or hostile work environment.
If you notice behaviour that feels unfair or discriminatory, it is important to take it seriously.
Keeping a written record of what happened, when it happened and who was involved can be extremely helpful if you later need to raise a complaint or seek legal advice.
What steps should you take if you have experienced discrimination?
In some situations, raising your concern with your manager or HR department can help resolve the issue.
Most employers have policies and procedures in place to deal with discrimination and harassment.
These often include a formal grievance process or confidential reporting channels, although many employees prefer to raise concerns informally initially.
It is important to follow these procedures carefully and keep copies of any correspondence or documents you submit.
Employers are expected to take a zero-tolerance approach to racial discrimination and investigate any complaints promptly and fairly.
If internal procedures fail to address the discrimination, you may wish to explore mediation or seek legal advice.
Mediation can sometimes help both sides reach an agreement with the support of a neutral third party.
For more serious cases, you may consider an Employment Tribunal claim, but these time limits are very strict.
You can claim within three months from when the discriminatory act occurred, although you must undertake ACAS Early Conciliation which will extend the time frame to pursue a claim. Seeking early support is crucial due to the short deadlines.
How can we help?
No one should have to tolerate racial discrimination at work and acting early and keeping clear records can help you take control of the situation.
Informal resolution may be appropriate in some cases, but we can help provide you with clarity and protection if the matter needs to be taken further.
We can advise you on your case and guide you through the grievance procedures, negotiations or tribunal claims.
We can also communicate with your employer on your behalf to help take some of the legal weight off your shoulders.
To learn more about how to protect your rights when experiencing discrimination, contact our Employment Law team today.
