RACIAL HARASSMENT COMPENSATION

Our panel of employment solicitors with claims on behalf of employees including advising on racial harassment 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.

Multiple Statutes

Racial harassment is any type of unwanted behaviour linked to race, colour, nationality or ethnic or national origins that may range from mildly offensive comments to serious physical assault. The fact that someone is prejudiced is not sufficient as in this context it is actions that count.

There is no specific legislation that fully covers racial harassment however the principal relevant statutes are as follows :-

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Protection from Harassment Act 1996
• Criminal Justice & Public Order Act 1994

Qualifying Single Incident

Racial harassment tends to have a strong physical component (though a qualifying verbal incident is sufficient) often involving just a single incident whereas bullying usually occurs as a result of a large number of incidents (usually individually relatively trivial) over a long period of time. Bullying tends to involve much less physical intrusion and rarely extends to damage to personal possessions or to work that has been carried out.

Employers Responsibility

The party responsible for paying compensation as a result of racial harassment at work is the employer who may also be responsible if the behaviour occurred outside the work environment and outside working hours if it occurred at a time and place that had a connection to work. For example at a Christmas party or if colleagues go for a drink in a pub after work it may well be considered as an extension to the workplace by an Employment Tribunal. The only way that an employer may possibly escape liability in these cases is if they can show that they have taken all reasonable steps to prevent it from occurring.

Evidence

If you consider that you are the victim of racial harassment there are a number of things that you should do to support an application to the Employment Tribunal for compensation :-

• Make a note of the time, date and place of any incidents together with the name of the harasser(s) and full details of the event. Make a note of the names of any other people present or within earshot or line of sight at the time of the incident.
• Report the matter to your immediate superior as soon as it occurs and if it remains unresolved make a formal complaint to the line manage and/or the boss and/or personnel. The complaint needs to contain full written details of the incident including the names of all parties present including any witness(es).
• If the matter still remains unresolved take qualified legal advice from a specialist solicitor in regards to an application to an Employment Tribunal for compensation which will also usually resolve the complaint and stop the incidents if employment continues.

Specialist Employment Solicitors

All claims are dealt with using the risk free no win no fee scheme and there is no charge if the claim is lost. 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 lawyer with no charge and with no obligation just email our offices or use the helpline or send the contact form.