RACIAL DISCRIMINATION CLAIMS

The 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 illegal. The Race Relations Act 1976 and subsequent amendments entitles an offended person to make a claim for compensation. This legislation applies in a number of important areas including :-

Employment.
Employers and Trade Unions must treat all employees equally regardless of race, colour, nationality, citizenship or ethnic origin and this applies to training, promotion, selection, recruitment, salaries, pay and benefits. The protection against racial discrimination extends to job applicants, employees, self-employed and contract workers and includes recruitment, including the terms of any employment that is offered, and a refusal to offer employment, promotion and dismissal including expiry of a fixed term contract.

Housing.
Owners of property are required by law to treat all citizens equally regardless of race, colour, nationality, citizenship or ethnic origin when that person is occupying, renting or buying a property.

Education.
It is unlawful for any private person or public body including education authorities, schools and universities to discriminate on the grounds of race, colour, nationality, citizenship or ethnic origin.

Goods and Services.
Merchants must not discriminate, by the supply of inferior products whether paid for or free, on the grounds race, colour, nationality, citizenship or ethnic origin.

Direct and indirect behaviour

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.

Victimisation

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 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.

Discrimination can be legal

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.

Unlimited damages

Applications under the legislation in regards to employment matters are heard before the Employment Tribunal 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 can be extended bya 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.