RACIAL DISCRIMINATION COMPENSATION

Our panel of employment solicitors deal with claims on behalf of employees relating to employment matters including advising on racial discrimination compensation claims. They are experts in their field and where possible they negotiate settlement failing which they will make application to an Employment Tribunal to resolve any dispute.

Prejudice & Discrimination

Racial discrimination is not the same as prejudice and depends not on a person’s opinion but on any actions carried out by them and is unlawful under the two Race Relations Acts. It is not necessary to show that another persons actions were deliberately intended, it is merely sufficient to show that their effect caused harm and that you received less favourable treatment on the grounds of race, colour, nationality or ethnic or national origins as a result of what they did.

Direct & Indirect

Racial discrimination can be either :-

Direct

This occurs when a person is obviously treated less favourably than another on racial grounds. This can be shown when a person of one race is treated more favourable than a person of a different race. Racist abuse and harassment qualify as being direct.

Indirect

This occurs when an apparently non discriminatory edict will affect one race more than another. As an example a requirement in a job description for short hair would ensure that Sikhs who wear their hair long under a turban on religious grounds would be wholly excluded. Another requirement forbidding headwear would exclude not only Sikhs but also certain Jewish sects who wear a yarmulka, in accordance with the practice within their particular racial group. These requirements in job descriptions are often deliberately included to ensure that certain races are deterred from making an application for the job.

Positive Discrimination

The laws against racial discrimination cover every part of employment and the workplace including recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities and also include all rights appertaining to redundancy and dismissal. There are however certain times where ‘positive discrimination’ is acceptable under law for example where a black or Asian actor is required for a film or television part or where a waiter of a particular ethnic origin is required in a restaurant to impart authenticity. In addition employers are allowed to provide support and encouragement to particular racial groups within their workforce if a specific racial group is under represented. The police force for example would be encouraged to make positive efforts to encourage recruitment of black officers if a significant percentage of the local population was black and black officers were under represented on the force.

Specialist Employment Solicitors

All claims are dealt with using the no win no fee scheme and there is no charge whatsoever if the case is lost - claims are totally risk free. If compensation is recovered on your behalf then costs are charged based on a percentage of the total sum recovered. This figure is agreed in advance and there are no hidden extras. You know exactly where you stand from the very beginning. If you would like to discuss your potential claim with a specialist employment lawyer with no charge and with no obligation just email our offices or use the helpline or complete and send the contact form.