Under the Race Relations Act 1976 (as amended) it is illegal to treat an individual less favourably than others on the grounds of their race.

Race Discrimination legislation applies to job applicants and workers, and covers all aspects of employment, from recruitment to pay, and training to the termination of a contract. There is an exception where a job may be restricted to people of a particular race or ethnic or national origin, if it is a genuine occupational qualification for the job. This may apply, for example to a photographic model or actor where a person of a particular racial group is required for reasons of authenticity.

The legislation refers to four different types of discrimination:-

• Direct discrimination. This occurs when an individual is treated less favourably on racial grounds.
• Indirect discrimination. This is the application of criterion, provision or practise that may disadvantage individuals of one racial group, unless it can be objectively justified.
• Harassment. This is defined as “unwanted conduct that violates a persons dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment for them”.
• Victimisation. This prevents less favourable treatment of an individual who has raised a complaint (either internally or to an Employment Tribunal) about race discrimination.

If you think that you may have been treated less favourably, harassed or victimised on the grounds of your race, we can advise you as regards the merits of any claim.

For further information contact our team or your usual contact in the firm.