Race discrimination cases are often particularly complex. As a result, it is usually the job of an Employment Tribunal to determine whether the reason for unequal or unfair treatment was, in fact, the worker's race.
If you find yourself the subject of a race discrimination claim brought by one of your employees, the employment solicitors at Wilford Smith are here to help you. Our team are highly regarded for our skills in advocacy and litigation, meaning we are expertly placed to provide representation before a Tribunal panel. We have a comprehensive and up to date knowledge of the relevant legislation and case law, combined with a tireless commitment to getting the right result for our clients and unmatched attention to detail. Get in touch with us today on 01709 828 044 or complete our online enquiry form and we will back to you without delay.
What is race discrimination?
Race discrimination is when an employer unfairly treats an employee or worker based on their race, perceived race or the race of someone associated with them. Race is a 'protected characteristic" under the Equality Act 2010 – as a consequence, race discrimination in the workplace is unlawful.
Race discrimination can take the form of:
- Direct discrimination
- Indirect discrimination
Who is liable for race discrimination under the Equality Act 2010?
Liability for race discrimination will typically lie with the employer and/or any employee who is found to have perpetrated discriminatory behaviour. If the discriminatory acts were carried out by another employee in the course of their employment, a claim might be made against the employer based on vicarious liability. As such, race discrimination claims will often be brought against both an employer and the employee. In certain circumstances, an employer can also be liable for the actions of third parties.
How is ‘race’ defined under the Equality Act 2010?
Under the Equality Act, 'race" is seen to include an 'employee's colour, nationality, ethnic or national origins’.
Is there a defence for employers in race discrimination cases?
When a discrimination claim is made based on vicarious liability, or the actions of a third party, employers will have a defence if they can prove that all reasonably practicable steps were taken to prevent the discrimination. It is up to the employee to prove that discrimination took place 'on the balance of probabilities'.
Contact our Race Discrimination Solicitors
Employment law cases can be complicated; therefore, it is vital that you speak to an experienced team of employment lawyers as soon as you become aware of a potential race discrimination claim. Our solicitors are on hand to take instruction from the earliest stage and will begin work on your defence immediately. Whatever your circumstances, speak with a member of our team today.
If you are an employer and you have been accused of race discrimination, contact our employment lawyers today on 01709 828 044 to find out how we can help.