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Race Discrimination Claims

If you have suffered race discrimination at work, you may be able to claim compensation. Your case will be reviewed by our panel of legal firms who will be able to tell you how much you could be owed.

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Overview of race discrimination claims

Race discrimination claims are filed by individuals who believe that they have been treated unfairly due to their race, ethnic background or skin colour. In the UK, it is illegal to discriminate against someone on the basis of their race, and individuals who have experienced discrimination in the workplace or in other areas of their life may be able to seek legal recourse.

Race discrimination can take many forms, including direct discrimination, indirect discrimination, harassment and victimisation. Individuals who have been subject to discrimination may be entitled to compensation for any financial losses or psychological harm they have suffered as a result of the discrimination.

Criteria to qualify for a race discrimination claim

In order to qualify for a race discrimination external link icon white claim, the individual must first show that they have been subject to discriminatory treatment. Discriminatory treatment can take many forms, including being passed over for promotion, being subjected to racist remarks or gestures or being treated differently from colleagues due to their race.

The individual must also show that the discriminatory treatment was not justified by any legitimate reason. For example, an employer may argue that they did not hire a candidate because they lacked the necessary qualifications, rather than because of their race.

Did you know?

Racially motivated hate crimes are the highest reported type of hate crime external link icon white in the UK.

The legal argument for a race discrimination claim

In the UK, race discrimination claims are brought under the Equality Act 2010. The act provides protection against discrimination on the basis of nine protected characteristics, including race. Under the act, it is illegal to discriminate against an individual on the basis of their race in any area of their life, including employment, education and housing.

The employer is usually found liable for race discrimination, even when it’s an employee being accused of racially discriminating against others. Employers can defend themselves against a race discrimination complaint if they can prove they took all the necessary steps to prevent any racial discrimination from happening.

The act applies to all employees regardless of whether employment is fixed or for an indefinite term. It applies to job applicants, trainees, workers with a contract, company directors, partners and people who are self-employed. The act also covers all areas of employment, including recruitment, selection, promotion, training and retirement.

The Equality Act 2010 provides a legal framework for individuals who have experienced racial discrimination to seek redress. The act sets out the legal requirements for bringing a claim, including the time limits for filing a claim and the evidence that must be provided in order to support the claim.

Key Facts

Young BME workers external link icon white aged 18-24 were 40% more likely to experience racist ‘jokes’ or ‘banter’ in the workplace or even when applying for a job.

Evidence needed to support the claim

In order to support a race discrimination claim external link icon white, the individual will need to provide evidence that they have been subject to discriminatory treatment. This may include witness statements from colleagues who have seen the discriminatory treatment, copies of any emails or messages that contain racist remarks or gestures, and any other relevant evidence that may be helpful for putting forward a case.

The individual can also provide evidence to support their claim for special damages. This may include evidence of any financial losses that they have suffered as a result of the discriminatory treatment, such as lost wages or benefits, as well as evidence of any psychological harm they have suffered, such as anxiety or depression.

Did you know?

The vast majority of black and minority ethnic workers do not report racial discrimination to their employers.

A guide to compensation amounts

The amount of compensation that an individual may receive for a successful race discrimination claim will depend on a variety of factors, including the nature and extent of the discriminatory treatment, the financial losses suffered by the individual and the psychological harm they have experienced as a result of the discrimination.

Compensation for financial losses may cover lost wages or benefits, while compensation for psychological harm may cover damages for anxiety, depression or other mental health conditions. In some cases, the individual may also be entitled to damages for injury to feelings, which is intended to compensate the individual for the emotional harm caused by the discrimination.

Every case is different and the compensation rewarded also depends on the settlement agreement between the solicitor and the party the claim is being made against. For more guidance, contact to our team at Claims Bible.

Key Facts

A report last year revealed that while 52% of employees witnessed racism at work external link icon white, only 22% reported the incident to management or HR.

How long do race discrimination claims typically take?

The length of time that a race discrimination claim takes will depend on a variety of factors, including the complexity of the case, the number of witnesses involved and the court’s schedule. In general, however, race discrimination claims can take several months or even years to resolve.

There is a time limit on when you make a claim after the discrimination takes place. This is 3 months after the act of discrimination. If the discriminatory act or acts take place over an extended period of time, the 3 months start at the end of the continuing act.

However, there is some flexibility with this type of claim due to its complex nature. Some tribunals do allow late claims to run as long as you can provide exceptional reasons for why you submitted the claim late.

The claims process

The claims process typically follows these steps:

Talk to your employer

If you feel comfortable enough, talk about the possible racial discrimination with your employer. You can arrange a chat with your line manager or take up a formal complaint with your employer. You should do this in writing, which your employer will usually respond to with a formal meeting to discuss your complaint. If you’re unhappy with the outcome, you can then decide whether you wish to submit a claim in an employment tribunal.

Gather evidence

If you decide to take it further and make a claim against your employer, you will need to gather evidence to support your claim. This may involve obtaining any facts or documentation that you can use to prove the discrimination happened. This includes things like text messages, emails, photos or videos of any discrimination taking place as well as witness statements.

Submitting a claim

Once you have gathered all of the necessary evidence, you can then submit your claim with the help of one of our solicitors and seek the compensation you deserve.

Common questions

What is the legal definition of race discrimination in the UK?

Race discrimination in the UK is defined as treating someone less favourably because of their race, ethnicity, nationality or national origin. It can also include indirect discrimination, harassment, victimisation and discrimination based on association or perception.

What should I do if I believe I have experienced racial discrimination in the workplace?

If you believe you have experienced racial discrimination in the workplace, you should first raise your concerns with your employer. If the issue can’t be resolved informally, you can make a formal complaint through your employer’s grievance procedure or seek advice from the Advisory, Conciliation and Arbitration Service (ACAS) or the Equality Advisory and Support Service (EASS).

These services can help you take your complaint a step further, resolving matters with your employer. If you’re still not happy with the outcome of these services, you also have the option of making a claim to an employment tribunal to seek financial compensation for the damages caused by the discrimination.

For more common questions, please refer to the specific claim pages or read our general FAQs page.