Racial Discrimination in the Workplace

Racial discrimination in the workplace is defined by the Race Relations Act 1976 as discrimination based on “colour, race, nationality or ethnic or national origins”.

An employer can also be accused of racial discrimination in the workplace if it dismisses an employee who refuses to obey racist instructions, for example to treat customers differently based on their race. If an employee resigns because he is suffering from racial discrimination in the workplace, he may be able to claim for constructive dismissal.

The Race Relations Act was strengthened in 2003. A new broader definition of indirect discrimination was introduced to cover informal as well as formal practises.

The 2003 changes also made it clear that if their actions on the face of it appeared to be discriminatory the burden of proof is on the employer to show that they had a non-discriminatory reason for their actions. The same applies for cases of sexual discrimination in the workplace.

Racial Discrimination in the Workplace – Exemptions

As with most employment law, there are some exemptions to the rules regarding racial discrimination in the workplace.

There are some cases where race is considered to be a “genuine occupational qualification”. These include employees whose job involves providing promotional services to protect the welfare of members of their own race.

Ashby Cohen has many years of experience in employment law, and will be able to guide you through the various rules and exemptions regarding racial discrimination in the workplace. Ashby Cohen was formed in 1999, and we specialise only in employment law, matters relating to the Commercial Agents (Council Directive) Regulations 1993 as well as offering a mediation service in these areas.

If you want to find out more about racial discrimination in the workplace, call Ashby Cohen Solicitors on 020 7408 1338 or visit our contact page to arrange a free initial telephone consultation.

Other elements of employment law that may be helpful if you want more information about racial discrimination in the workplace include bullying in the workplace and unfair dismissal law.