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Employees are safeguarded in the workplace from discrimination based on race under the Race Relations Act 1976 which shelters individuals from discrimination based on race, national origin, colour or ethnicity. The Race Relations Act 1976 is relevant in England, Wales and Scotland with comparable legislation in Northern Ireland. The legislation applies to employees, contract workers, applicants and those who are self employed from the time of making application to actual employment. It has the effect of shielding everyone throughout the employment process from racial harassment, discrimination and victimisation including recruiting, refusing to tender employment and contract conditions. Employed personnel must not be discriminated against in applying for transfers, training, benefits and facility access. Refusing to renew a contract that has a fixed-term could also be based on race discrimination.

The fact that the persecutor may claim that discriminatory behaviour was not intentional is irrelevant. Intent is not an element to consider when a racial discrimination solicitor determines whether or not to take a claim to the Employment Tribunal. The only relevant factor is if the employee victim subjectively believes that they have been harmed by objectionable behaviour or treatment at their place of work based on race. A race discrimination solicitor can often be establish a viable case by referring to a series of objectionable acts however if a lone incident is outrageous, it may be possible to make a successful claim.

Direct discrimination is intentional and blatant abd occurs when a co-worker or a superior or the employer deals with or acts negatively towards an employee due to their race. Indirect discrimination based on race occurs when disproportionate or negative policies or requirements are implemented which affect a racial or ethnic group in a manner contrary to other groups. If the employer’s action cannot be supported by some other justification that is not motivated by bias, the employer has engaged in a discriminatory practice based on race.

Racial Harassment

Employers can be held liable for instances of racial harassment and may be required to pay compensation even if the incident took place outside the workplace (eg. after work in a pub). Specific legislation which addresses racial harassment does not exist, however race discrimination solicitors make use of elements of the following statutes to establish a case:-

The victim should record incidents of harassment including location, time, date and a full factual account of the incident together with witness names and contact details. The victim should also notify management immediately or very soon after the incident and should file a formal complaint. In the event of inaction, a victim should take urgent advice from a racial discrimination solicitor.

Workplace Bullying

There is not a lot of difference between workplace bullying and harassment and in both cases the employer is responsible for failure to provide a stable workplace environment. Incidents of harassment are often isolated physical events whereas bullying is usually a sequence of episodes that occur over time which are intended to give the bully psychological power over the victim. These buying episodes do not normally lead to physical confrontation or property damage.

Racial Victimisation

One specific type of race based discrimination is racial victimisation which occurs when a worker who takes legal action or supports the legal action of another is penalised based because of their participation ijn a claim before either the Civil Court or the Employment Tribunal.

No Win No Fee Solicitors

Our race discrimination solicitors deal with employment compensation claims using the no win no fee scheme known as a conditional fee arrangement. A previously agreed percentage of any damages settlement is the basis for legal fees due under a no win no fee agreement. If the solicitor doesn’t win compensation for you then you aren’t obligated to pay anything.