We frequently receive enquiries from employees who have been subject to race discrimination and/or racial harassment at work. At Lincs Law Employment Solicitors we want to help. Therefore, we set out some information and guidance below which we hope will assist you. Alternatively, if you would like to discuss your situation with a specialist, qualified, employment law solicitor, please call us on 01522 440512 for a free consultation.
We would always advise any person who is subjected to those types of behaviours to take independent legal advice. Of course, we hope they would contact us at Lincs Law Employment Solicitors. However, if you are considering raising your own complaint or representing yourself at the Employment Tribunal, you need to be clear about your claim.
What does the meaning of “Race” include?
The Equality Act 2010 defines race as including colour, nationality and ethnic or national origins.
Who is protected from Race Discrimination and Racial Harassment?
In the employment sphere employees, workers, job applicants, trainees, Company Directors etc are protected from race discrimination or racial harassment by their employer. All aspects of the relationship are covered. For example, an employee who is discriminated against in the recruitment process would be able to bring a claim against their prospective employer even if they never worked a day for that business.
How do you know if you have suffered Race Discrimination or Racial Harassment?
The Equality Act 2010 sets out various ways in which an employer’s treatment of a person because of their race (or perceptions about their race) is unlawful. Briefly, it is likely you have suffered race discrimination or racial harassment if any of the following have occurred: –
Direct Discrimination
This is where you have been treated les favourably because of your race than someone of a different race would have been treated.
Indirect Discrimination
This is where the employer has a policy, procedure or similar which appears to apply to everyone but has a detrimental impact upon people with of a particular race.
Racial Harassment
This is where a person suffers unwanted conduct which causes a distressing, humiliating or offensive environment for them. For example, jokes and derogatory comments by colleagues related to race.
Victimisation
This is where an employee raises a complaint themselves or supports another doing so and suffers a “detriment” as a consequence. A detriment could be a reduction in hours, a refusal to give a pay rise, a lost promotion opportunity, indeed anything which has a negative impact on that person’s work or employment.
If you believe you are suffering Race Discrimination or Racial Harassment what action should you take?
The Employment Tribunal will expect you to raise your concerns with your employer. This will usually be done through your employer’s grievance procedure. Please see the information available on this website about how to raise a grievance at https://lincslaw.co.uk/blog/need-to-send-a-grievance-or-complaint-to-your-employer/. Any evidence you can gather to assist in your grievance will be extremely helpful. If the matter can be resolved at that stage, then all to the good.
If your employer continues to discriminate against you because of your gender or the sexual harassment has not been properly dealt with, you may have to consider submitting a claim to the Employment Tribunal. In order to do so, you will first need to begin a process called ACAS Early Conciliation. This is a compulsory procedure where an ACAS conciliator acts as a go between to try and resolve the dispute.
You will need to begin the ACAS Early Conciliation process within three months less one day from the last act of discrimination. The time limit for submitting your Employment Tribunal claim will depend upon the dates of your ACAS Early Conciliation. However, it is important that you begin the ACAS Early Conciliation process within the three-month deadline as to fail to do so may render your claim out of time.
Lincs Law Employment Solicitors Can Help
If you are suffering race discrimination or racial harassment at work, call now for a no obligation, free consultation with one of our specialist employment solicitors on 01522 440512. Alternatively, for more information about how you can bring a claim at the Employment Tribunal, please visit our website at https://lincslaw.co.uk/services/employees/employment-tribunal-claims/
Sally Hubbard
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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