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RACIAL VICTIMISATION COMPENSATION CLAIM SOLICITORS
Employees should not be discriminated against because they are standing up for their rights. If you have been dismissed or are being treated unfairly because of your participation in a racial discrimination complaint, you may have a claim for racial victimisation.
Racial victimisation is one of four basic types of racial discrimination. Racial victimisation occurs when an employee is discriminated against for bringing or participating in a claim of racial discrimination. Employees cannot be dismissed or treated unfairly because they bring a claim under the Race Relations Act. Victimisation also includes unfavourable treatment based on an employee giving evidence or providing information in a racial discrimination case. In fact, the employee does not even have to go so far as to bring a claim to the Employment Tribunal. Being subjected to detrimental treatment for merely making a complaint to a superior is also racial victimisation.
As explained above, racial victimisation is one type of racial discrimination. The other three types are direct discrimination, indirect discrimination and harassment. Employees are protected from discrimination based on race by the Race Relations Act. The Act makes it illegal for an employer to discriminate against a job applicant or an employee based on that individual's colour, race, nationality, ethnicity or national origins.
There is no set amount of hours you have to work each week or length of service requirement to meet in order to be covered by the Act. Also, it does not matter if the discrimination was intentional or not. The employer is liable if you're treated unfairly because of your race, regardless of whether or not it was done on purpose. In fact, an employer can be held liable even if they were not the one who actually committed the discriminatory act. Unless the employer can show that they took reasonable steps to prevent the discrimination, they can be held legally responsible for the discriminatory acts of their employees.
Employees subjected to racial victimisation can bring a claim to the Employment Tribunal. Presently there is no statutory limit on the amount of compensation that can be awarded in cases of racial victimisation. Compensation awarded for injury to feelings can be substantial. It is crucial that you seek the advice of a qualified solicitor. The Employment Tribunal can reduce the amount of compensation awarded if the employee failed to follow the proper grievance procedures.
Also, under the Race Relations Act you have only three months from the date of the act of discrimination to bring your claim. A solicitor can advise you of the time limit in more complicated situations, such as when the discrimination has occurred over an extended period of time. Much is at stake, and you do not want to lose your ability to enforce your rights.
Speciaist empoyment solicitors offer no charge, no obligation legal advice. You can speak confidentially with an experienced employment law solicitor about the facts of your case. For your free consultation just email our offices or phone us on our helpline or fill out the contact form on this website.