Racial Discrimination Solicitors - Sheffield Employment Claims
SOLICITORS HELPLINE 0345 515 0362
Race Relations Act 1976
Unfair treatment aimed at a person because of race, colour, nationality, citizenship or ethnic origin which is generally described as racial discrimination is both unlawful and illegal. The Race Relations Act 1976 and subsequent amendments entitles an offended person to make a claim for compensation in the Sheffield Employment Tribunal. This legislation applies in a number of important areas including :-
Goods and Services.
Direct and Indirect
Racial discrimination can be overt and obvious or it can be subtle and sophisticated and its effects not easily recognised. Direct behaviour that is illegal includes clear mistreatment when a person is treated less favourably or is subject to negative or offensive comments because of race, colour, nationality, citizenship or ethnic origin. More onerous behaviour occurs where the perpetrator has a hidden indirect agenda when a particular requirement puts a certain group of people at a disadvantage, which they cannot comply with, because of race, colour, nationality, citizenship or ethnic origin.
In addition to direct and indirect behaviour which may give rise to a claim for compensation there is a third category of racial discrimination relating to victimisation which occurs when someone is treated less favourably because they intend to make a claim under the legislation or because they have given evidence in a case heard before the Sheffield Employment Tribunal or because they have alleged that something has been done that may be against the law in relation to the Race Relations Act 1976.
In certain circumstances an employer may be allowed to discriminate against a person based on race, colour, nationality, citizenship or ethnic origin however any restriction must be a genuine occupational qualification failing which it will be illegal. An example of this would occur in an ethnic restaurant where the owner may require all waiters to be of a particular ethnicity to retain the restaurants atmosphere and authenticity.
Applications under the legislation in regards to employment matters are heard before the Employment Tribunal in Sheffield which can, in these circumstances, award unlimited compensation including aggravated damages if the behaviour has been particularly offensive. Applications must generally be made within three months of the offensive behaviour or within three months of the last incident of offensive behaviour if there has been a continuing catalogue of complaints. This may be extended by a further three months. It is important to note then an employee complaining of any form of discrimination must put in a grievance and comply with minimum statutory requirements if they wish to pursue a claim in a tribunal. There is a right to appeal a decision of the Employment Tribunal to The Employment Appeals Tribunal and public funding by way of legal aid may be available to finance an appeal.
EMPLOYMENT HELPLINE 0345 515 0362