Racism and Discrimination at Work
The past couple of years we have seen a rise in the stance against racism all over the UK.
From the larger organised movements such a Black Lives Matter, to small individual stances against people or companies, the change across the nation has not gone unnoticed.
Although we, as a nation, are speaking out against racism, it is evident that this has not yet been eradicated. We have however seen in recent years employees being less afraid to speak out about the treatment that they have suffered. We have also found that employers are taking more of an active approach to fight against this type of hate crime.
What does the law say about racism at work?
Race Discrimination is defined in section s9(1) of the Equality Act 2010 which includes colour, nationality and ethnic or national origins. You are protected under the Act if you ‘share the same racial group’.
There are four types of discrimination that you could suffer. (To summarise):
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Direct race discrimination
You have been treated less favorably because of your race.
Example: you were not offered a promotion because you are Caribbean.
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Indirect race discrimination
A requirement is imposed by your employer which causes particular problems due to your race.
Example: the requirement by your employer to not wear turbans.
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Racial harassment
Unwanted conduct because of your race.
Example: being called derogatory names or being subject to racist jokes.
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Racial victimisation
Suffering a detriment because you made a complaint.
Example: you raised a concern at work regarding the treatment you suffered, however, now your manager is refusing to engage with you and unfairly criticising your work.
Is everything really as straightforward as it seems?
As lawyers, we know that in terms of Race Discrimination claims, they are very difficult to prove.
The difficulty lies when nothing explicit has been said or done but it is more of a feeling suffered rather than an obvious act against you.
Things you can do:
Try to establish a particular pattern of behaviour – whether that is said or unsaid. Check if your employer has the adequate training facilities or company policies. Are you the only one that has been suffering this or is there someone else who is feeling the same way?
Rebekah Brown, Solicitor
Lawson West Solicitors, Leicester
"As a black ethnic Caribbean woman, I can understand the concerns of speaking out, especially if you are the only ethnic minority in your team or in your company and you are afraid of repercussions. You are afraid of losing your job.
Sometimes, a simple conversation with the person who is treating your badly or an informal conversation with your manager can solve the problem. Sometimes more will need to be done and for instance a grievance will need to be raised and you will have to follow the companies’ disciplinary procedures. What is important to say is that we spend most of our lives in the workplace environment, so speaking out against the treatment you have suffered is incredibly important and it is hopeful if you do, it will help bring change to your workplace."
If you are affected by racism at work and don't know how to raise it with your employer, or your employer is likely to be unsympathetic, or a co-worker is racially abusive, or racism is affecting your job or career, there are things you can do. Speak to one of our experienced employment solicitors and we can provide the best advice for your own situation. Contact Us.
More reading:
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The Discrimination section of the Equality Act 2010
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