Race discrimination continues to be a widespread and serious problem across the UK, showing up in systemic inequalities and instances of hate.
In the context of work, employers are legally required under the equality legislation to ensure that nobody is treated unfairly or disadvantaged due to a protected characteristic, such as race.
Race discrimination happens when someone is unfairly treated because of their race, colour, nationality, or ethnic or national origins. Employers must create a workplace free from discrimination and actively promote equality and inclusion. Failing to do so can lead to discrimination claims in employment tribunals, resulting in compensation and serious reputational damage. This can also negatively affect employees’ well-being, job satisfaction, and career development.
Summary
This guide explains what racial discrimination is and outlines employer responsibilities and employee rights.
- Race Discrimination Legislation in the UK
- 4 Types of Discrimination Covered by the Law
- Identifying Race Discrimination
- Is Treating Someone Differently On the Grounds of Race Ever Lawful?
- Employer Responsibilities
- Employee Rights and Actions
- How We Can Support You
- FAQ
Race Discrimination Legislation in the UK
The Equality Act 2010 (EqA) is the primary law that regulates race discrimination in the workplace. It consolidates earlier laws, including the Race Relations Act 1976, into a single, comprehensive legal framework.
Under this Act, treating someone unfairly because of their race is illegal. Race is recognised as a protected characteristic, along with others such as sex, age, disability, religion or belief, and sexual orientation.
How is Race Defined?
The EqA broadly defines ‘race’ to include colour, nationality (including citizenship), and ethnic or national origins. It covers specific racial groups like Romany Gipsies and Irish Travellers. A person’s race can also consist of multiple elements- for example, being Black British. It also protects against discrimination based on perceived race, even if the individual is not actually part of that group.
Who is Protected?
Protection under the EqA covers a broad range of people, including job applicants, employees, workers, agency staff, trainees, some self-employed individuals, and even former employees (usually concerning the provision of references).
The law applies at every stage of employment, from recruitment and training to pay, promotion, terms and conditions, redundancy, and dismissal.
4 Types of Discrimination Covered by the Law
The EqA identifies four main types of racial discrimination that can occur in the workplace:
1. Direct Discrimination
Direct discrimination takes place when a person is treated less favourably than another person due to their skin colour, nationality, or ethnic or national origins.
Examples include:
- An employer refuses to hire a candidate because of their nationality.
- A manager disciplines a Black employee more harshly than others for the same mistake because of their race.
Direct discrimination can also occur due to association with someone of a particular racial group, such as a partner, child, parent, or friend, or due to perception, for example, if someone is treated unfairly because they are believed to be from a certain racial group.
2. Indirect Discrimination
Indirect discrimination arises when a provision, criterion, or practice applies to everyone but disadvantages people from a particular racial group. This form of discrimination is often less obvious and may be unintentional.
For example, a workplace policy requiring a UK-based qualification for a role could disadvantage applicants with overseas qualifications, unless the requirement is objectively justified.
3. Harassment
Harassment involves unwanted conduct related to race that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can include:
- Derogatory comments or nicknames
- Bullying, insults, or threats
- Inappropriate jokes, banter, or gossip
- Intrusive questions
- Excluding an individual from meetings, conversations, or social events
For example, if an Indian employee is regularly mocked about their accent or the food they bring to work, this would amount to racial harassment. If the employee raises an informal complaint and their manager dismisses it as harmless or tells them to ‘laugh it off,’ the employer may become vicariously liable for failing to take reasonable steps to stop the behaviour.
4. Victimisation
Victimisation takes place when an individual is treated unjustly due to having lodged a complaint or having supported a complaint regarding racial discrimination or harassment. For example, if a manager denies an employee a promotion because they complained about colleagues teasing them about their ethnic background, this will constitute victimisation.
Identifying Race Discrimination
Race discrimination can often be identified by recognising patterns of behaviour, differences in treatment, or the disproportionate impact of certain workplace policies. One of the most obvious signs is unequal treatment based on race or ethnicity, particularly in areas such as recruitment, promotion, pay, workload allocation, and access to development opportunities. It may also involve employees from certain racial or ethnic backgrounds being disciplined more frequently or more severely than others for comparable conduct.
Discrimination may also manifest in subtle or indirect ways. These include remarks or behaviours that, even if unintentional, reflect negative stereotypes, cultural insensitivity, or underlying bias. Such conduct may involve comments about a person’s appearance or background, or assumptions about their intelligence, skills, or abilities. In other cases, discrimination may take the form of unwelcome behaviour, such as offensive jokes, racial slurs, exclusionary behaviour, or other forms of verbal or physical abuse.
A lack of diversity in senior or decision-making roles can also be a strong indicator of systemic racial discrimination within an organisation. When certain racial or ethnic groups are consistently underrepresented in management or leadership positions, it may suggest structural inequalities that require attention.
Examples of racial bias or discriminatory behaviour in the workplace include:
- Complimenting a colleague from a different racial background on how ‘good their English is,’ implying such proficiency is unexpected.
- Saying an employee’s name is ‘too difficult to pronounce’ and replacing it with a nickname without their consent.
- Mistaking employees of a particular racial or ethnic group for service staff regardless of their actual role or qualifications.
- Asking intrusive or personal questions about someone’s heritage, background, or cultural practices.
- Excluding colleagues from informal social gatherings, networking opportunities, or after-work events.
- Assigning employees from a particular racial group to undesirable shifts or less favourable client accounts without a legitimate justification.
- Micromanaging an employee or repeatedly questioning their work when others are not subjected to the same scrutiny.
- Issuing harsher disciplinary action or more frequent warnings for minor issues that are overlooked when committed by employees of a different racial background.
Is Treating Someone Differently On the Grounds of Race Ever Lawful?
There are limited circumstances in which an employer may lawfully treat an individual differently because of their race. These situations are tightly defined in law and must meet strict criteria.
Occupational Requirements
An employer may justify less favourable treatment if they can demonstrate that being of a particular race is an essential requirement for a specific role. This is known as an occupational requirement.
For example, if an organisation is recruiting a support worker for a domestic violence advice service for South Asian women, it may lawfully specify that the role must be filled by someone of South Asian origin. This requirement could be necessary to ensure effective communication and cultural understanding, helping the women feel more comfortable when seeking support.
Similarly, an Indian restaurant may be able to justify requiring staff to have particular cultural or linguistic knowledge if this is genuinely necessary to deliver an authentic dining experience.
Positive Action
Different treatment may also be lawful where an organisation is taking positive action to encourage or support people from a racial group that is under-represented or disadvantaged in a particular role, industry, or activity.
For instance, if a broadcaster consistently receives very few applications from Black Caribbean candidates for its graduate recruitment scheme, it could establish a mentoring or work-experience programme exclusively for Black Caribbean students to help improve representation within the sector.
Positive action must aim to address genuine inequalities, and it must be proportionate.
Proportionate Means of Achieving a Legitimate Aim
An employer may defend a policy or decision by proving that it is a proportionate means of achieving a legitimate aim. This means the measure must address a genuine business or health and safety requirement, and the employer must show that the objective is necessary and cannot be met in a less discriminatory way.
For example, an employer carrying out redundancies may include strong written English skills as part of the selection criteria. Although this could indirectly disadvantage employees whose first language is not English, the employer may be able to justify the requirement if the role genuinely involves substantial high-level written communication with English-speaking suppliers and no practical, less discriminatory alternatives exist.
Employer Responsibilities
To meet their legal obligations under the EqA, employers are required to apply fair and consistent practices across all aspects of employment, such as recruitment, promotion and daily management, and actively work to promote a diverse and inclusive environment. Employers should consider adopting the following measures:
- Establishing a zero-tolerance culture by having clear, up-to-date anti-discrimination policies and ensuring all staff know where to access them.
- Offering regular training, including bias and anti-discrimination training for all staff, as well as specific training for managers on how to recognise, prevent and respond to discrimination complaints.
- Ensuring there are robust, confidential reporting and investigation procedures that enable employees to voice their concerns without fear of retaliation.
- Encouraging a workplace culture that values respect, inclusion and equal opportunity, while modelling the expected behaviours at every level of the organisation.
- Implementing fair and transparent recruitment and selection practices that rely on objective criteria and ensure consistent treatment of all applicants.
- Regularly reviewing management practices to ensure they do not perpetuate or reinforce bias.
- Making clear that any form of race-based or culturally offensive humour, comments or banter is unacceptable.
Employee Rights and Actions
If an employee believes they are facing race discrimination at work, the first step is to document every incident in detail. This includes dates, times, what was said or done, and any witnesses who were present. This record can be invaluable later.
Next, they should review the company’s discrimination and grievance policies and raise their concerns with a manager or HR. Many issues can be resolved informally at this stage.
If the situation continues, the employee may need to submit a formal written grievance, following the steps set out in their organisation’s grievance procedure. Union members should contact their representative for support, and all employees can seek free, confidential advice from Acas or the Equality and Human Rights Commission.
In some cases, alternative dispute resolution, such as mediation, can help to bring the issue to a close.
Where informal and formal steps do not work, the employee may consider claiming an Employment Tribunal. Before doing so, they must take part in Acas Early Conciliation, and claims must generally be lodged within three months minus one day of the discriminatory act.
If the tribunal upholds the employee’s claim, it may:
- Make a declaration confirming that discrimination took place
- Order that the employer pay the employee compensation for financial loss (such as lost earnings) and injury to feelings.
- Recommend that the employer take steps to reduce or remove the discriminatory effects identified.
How We Can Support You
Managing equality and diversity is essential for creating an inclusive workplace and reducing legal risks. Our experienced employment law solicitors offer tailored, practical advice and support. We can assist with:
- Reviewing workplace policies and contracts to ensure legal compliance
- Handling discrimination claims and supporting fair employment practices
- Delivering training on preventing discrimination and harassment
Contact us today by phone or email for specialist employment law advice and support with racial discrimination.
FAQ
How does racial discrimination occur in the workplace?
Racial discrimination in the workplace refers to the unfair treatment of an individual due to their race, colour, nationality, or ethnic or national origin.
What measures can employers adopt to prevent racial discrimination?
Employers can prevent discrimination by introducing robust anti-discrimination policies, offering regular equality and diversity training, and actively promoting an inclusive workplace culture.
What action must an employer take if a racial discrimination complaint is filed?
Employers should begin a prompt, impartial investigation, follow their grievance procedure, and ensure the employee receives support throughout the entire process.
Can an employer be held liable for racial discrimination perpetrated by employees?
Yes, employers can be vicariously liable unless they can show they took all reasonable precautions to prevent discriminatory behaviour.
