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RACE DISCRIMINATION SOLICITORS - EMPLOYMENT COMPENSATION CLAIMS


SOLICITORS HELPLINE 0345 515 0657


Our solicitors provide qualified advice on all matters that are related to employment disputes in the United Kingdom including race discrimination compensation claims made to the Employment Tribunal. No win no fee race discrimination compensation claims are totally risk free and if you do not win your case, you do not pay any legal fees or expenses whatsoever. If you need free employment law advice race discrimination compensation claims call the helpline or complete the contact form or email our offices and a specialist employment law solicitor will be pleased to talk to you, with no further obligation on your part.

Race Discrimination Act?

You may be surprised to learn that the 'Race Discrimination Act' doesn't actually exist (unless you live in Australia) but the requisite legal protection is actually contained in the Race Relations Act 1976 and The Race Relations (Amendment) Act 2000. Both of these statutes cover any unfair treatment which targets an individual because of race, colour, nationality, citizenship or ethnic origin in matters relating to employment, housing, education and the provision of goods and services :-

    Employment

      Under English law all employees, regardless of race can expect to be treated in the same way. This prohibition on race discrimination covers every area of work such as training programs, promotion, selection, recruitment, salaries, pay and benefits. Similarly Trade Unions are also required to adhere to these standards and treat all of their members equally.

    Housing

      When a person is in the market to rent or buy a property it is also against the law to discriminate against them because of their race, colour, citizenship, nationality or ethnic origin. Evictions for the same reasons are also illegal.

    Education

      Discrimination by a Local Education Authority, school, college or university against an individual it is also against the law.

    Goods and Services

      Regardless of whether goods or services are paid for or are free it is illegal for an individual to be given goods or services the quality of which depends on their race.

Direct & Indirect Discrimination

Race discrimination incidents can be divided into two main categories :-

  1. Direct

      Direct refers to any incident where an individual suffers discrimination because of their race, nationality, citizenship, colour or ethnic origin. This can also take the form of any unfavourable comments made with regard to a persons race.

  2. Indirect

      Indirect is classed as any requirement within the workplace which puts people of a particular race at a disadvantage because of their race, ethnic group or nationality and as a result makes it hard for them to meet this requirement. For instance, an advert stating that applicants must have short hair would certainly exclude some religious groups, such as Sikhs. It is against the law to make such demands on potential applicants unless the job conditions make it necessary to ask for such specifics.

Constructive Discrimination

An employer can evade legal action for a race discrimination compensation claim if they can demonstrate a "genuine occupational qualification" for making such a demand that would usually be classed as race discrimination. This subject is relevant with regards to the recruitment process. For instance, a Christian church may request that only Christian applicants fill an official position. A Chinese restaurant may want genuine Chinese waiters for authenticity. A ladies or gents toilet may require staffing by only the same sex. This type of situation can be difficult to advise on without going into the specifics of a case, so anyone concerned about this type of treatment should contact a legal expert.

Racial Harassment

Racial harassment is defined as aggression based on differences of race. Further explanation can be found in the Race Relations Act of 1976, wherein it is referred to as hostile behavior triggered by racial factors. Racial harassment can take various forms including :-

  • name-calling
  • bullying
  • racist jokes
  • verbal abuse
  • unprovoked physical assaults
  • racist graffiti
  • arson or attempted arson

Racial harassment may occur at work and be aimed at a certain employee because of race, citizenship, ethic origin or colour. The instigators of the unlawful abuse as well as their employer can find themselves not only in the Employment Tribunal or the civil courts defending a claim for damages but also in the criminal courts facing serious charges which can result in a sentence of imprisonment.

Those who belong to an ethnic minority are usually the ones who have to put up with racial persecution however there are some cases where both the victim and persecutor belong to the same ethnic group. This can still be classified as a violation of race relations legislation.


HELPLINE 0345 515 0657





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