The Race Relations Act 1976 protects individuals from racial discrimination on the grounds of colour, race, ethnicity, nationality and national origin. The Act applies in England, Wales and Scotland. Similar legislation applies to Northern Ireland. In addition to employees, the Act also covers contract workers, self-employed persons and job applicants. All of these individuals are protected by the Act from racial discrimination, harassment and victimisation in employment matters. The Act's reach is inclusive of all aspects of employment. Recruitment, the earliest stage of employment, is covered, including refusals to offer employment because of race and the terms on which the employment is offered. Issues related to promotions, such as training, benefits, facility access and transfers are also covered by the Act. Finally, dismissal, which includes refusal to renew a fixed-term contract, is also covered.

The offending party's intent or lack thereof is irrelevant. That is, it does not matter whether or not the action being complained of was committed with intent to cause offence. If the employee who was subjected to the behaviour finds it offensive and feels harmed, then it still potentially constitutes racial discrimination. Typical racial discrimination comprises a series of offensive actions rather than one incident. However, if one isolated incident is exceptionally unpleasant, then there may be strong enough grounds for bringing an action to the Employment Tribunal under The Race Relations Act 1976.

Racial discrimination can be either direct or indirect. Direct racial discrimination arises when an individual is treated less favourably than others because of their race. Indirect racial discrimination occurs when a requirement imposed by the employer disadvantages a larger proportion of one racial group than another. For example, if an employer created a rule that the majority of a given racial group cannot comply with but other racial groups can, the employer has committed racial discrimination unless he can show that the rule is justifiable regardless of race.

Racial victimisation transpires when an employee is effectively being punished for participating in a legal action related to violations of the Race Relations Act. A person is a victim of racial victimisation if he is being treated less favourably than others around him because he has indicated intent to bring a claim under the Act. Racial victimisation also occurs when the unfavourable treatment stems from an individual's providing evidence in a racial discrimination case or making allegations that a violation of the Act has taken place.

Compensation for racial discrimination is awarded by the Employment Tribunal. To receive compensation the employee must make an application to the Tribunal. In cases where the behavior is deemed exceptionally offensive, the Tribunal has the discretion to award aggravated damages. Unlike other types of employment disputes, there is no statutory limitation on the amount of compensation an employee can be awarded in racial discrimination cases. Because there is no limit, successful claims of racial discrimination can result in the awarding of substantial damages.

Our solicitors are specialists in the United Kingdom's employment laws. Their expertise includes bringing claims for compensation for discrimination under the Race Relations Act 1976. To speak with one of our team, simply complete the contact form or call our helpline. The advice is free and confidential, and you are under no further obligations to use the services of our solicitors. You will receive clear, easy-to-understand information about the likely success of your claim and an estimate of the compensation you could receive.