The Race Relations Act is concerned with people’s actions and the effects of their actions, not their opinions or beliefs. It is not necessary to prove that the other person intended to discriminate against you; however you must show that you received less favourable treatment as a result of their actions. Under the Race Relations Act it is unlawful for a person to discriminate on racial grounds against another. The Act defines racial grounds as including race, colour, nationality or ethnic or national origins. To bring a case under the Race Relations Act, you have to show you have been discriminated against in one or more ways that are unlawful under the Act. The four main types of racial discrimination are direct, indirect, victimisation and harassment.
Listed below is a brief description of each, if you feel that you have been subjected to one or any of the situations listed please contact us and we will be happy to advise as to the best course of action;
Direct Discrimination
You need to show that you have been treated less favourably on racial grounds than others in similar positions and circumstances to you. To prove this it helps if you can give examples of someone from a different racial or ethnic group who in similar circumstances has been treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.
Indirect Discrimination
Indirect racial discrimination can fall into one of 2 categories. The first is on the grounds of colour or nationality. The second is on the grounds of race, ethnic or national origin.
Victimisation
Victimisation occurs when you have been treated less favourably than other in the same circumstances as yourself as you have complained about racial discrimination, or lent your support to someone who has. A complaint of racial discrimination means that someone has brought proceedings under the Race Relations Act against the discriminator or given evidence or information in connection with proceedings brought by another person under the Race Relations Act. It could be that a person has alleged that a person has acted in a way which would breach the Race Relations Act. The complaint does not need to expressly claim discrimination when making the complaint.
Harassment
The definition of harassment introduced by the Race Relations Act that was amended in 2003 applies to discrimination on the grounds of race or ethnic or national origins, but not colour or nationality. Harassment on the grounds of colour or nationality amounts to less favourable treatment and can be construed as unlawful direct discrimination.
A person harasses another on the grounds of race or ethnic or national origins when they engage in unwanted conduct that has the effect of violating that other person’s dignity or creates a hostile or intimidating, degrading, humiliating or offensive environment.
Some of the other claims we can advise on are:
Unfair Dismissal
Wrongful Dismissal
Sex Discrimination
Constructive dismissal
Redundancy Payment
Defending Whistleblowers
Disability Discrimination
Bullying
