race discrimination
📖 What is race discrimination? Meaning and definition
Race discrimination is a type of claim that an individual can bring against an employer if they believe they have been treated unfavourably due to their race. These claims are heard by an Employment Tribunal, which is a specialist court for employment disputes. For example, a claim might allege 'direct race discrimination', meaning the individual was treated less favourably directly because of their race.
To pursue a claim of race discrimination, a claimant typically needs to present their case to the Employment Tribunal. The Tribunal will then assess the evidence presented by both the claimant and the respondent (the employer). In some instances, a claim of race discrimination might be dismissed if it is withdrawn by the claimant, or if the Tribunal determines it has no reasonable prospect of success.
It's important to note that a claim for race discrimination is distinct from other employment claims, such as unfair dismissal. For example, a claimant might not have enough qualifying service to bring an unfair dismissal claim, but could still pursue a claim for race discrimination. The Tribunal will consider each type of claim separately based on the evidence and legal tests.
If a claim of race discrimination is found to have no reasonable prospect of success, the Tribunal can 'strike out' that part of the claim. This means the claim will not proceed to a full hearing on that specific issue. This can happen, for instance, if the allegations made are not supported by sufficient evidence or are legally unsound.
📋 Requirements
- An allegation of direct race discrimination must be made.
- The claim must be presented to an Employment Tribunal.
- The claim must have a reasonable prospect of success to avoid being struck out.
📝 Procedure
- The claimant presents their ET1 form to the Employment Tribunal.
- The respondent defends the claims by way of an ET3 and Grounds of Response.
- The Tribunal considers the evidence and arguments from both parties.
- The Tribunal may dismiss the claim upon withdrawal by the claimant or strike it out if it has no reasonable prospect of success.
- If the claim proceeds, the Tribunal makes a judgment on whether the complaint of race discrimination is well-founded.
💡 Examples
- An individual brought a claim of race discrimination against their employer, but later withdrew it, leading to its dismissal by the Employment Tribunal.
- A doctor in an NHS training programme had their allegation of direct race discrimination related to an email struck out by the Tribunal because it had no reasonable prospect of success.
- An employee's complaint of direct race discrimination was dismissed by the Tribunal after a full hearing, finding it was not well-founded.
- A claimant with less than two years of qualifying service could not bring an unfair dismissal claim but still pursued a claim for race discrimination.
📚 Legal basis
- Equality Act 2010, s.13 (direct discrimination) and s.9 (race as a protected characteristic)
❓ Frequently asked questions
What does 'race discrimination' mean in an employment context?
It means being treated unfairly at work because of your race. This could involve various actions or inactions by an employer that disadvantage an employee due to their racial background.
Can I claim race discrimination if I also claim unfair dismissal?
Yes, you can bring both claims. An Employment Tribunal will consider each claim separately, as they have different legal requirements and tests, as seen in cases where both types of claims are heard.
What happens if my race discrimination claim has 'no reasonable prospect of success'?
If the Employment Tribunal decides your claim has no reasonable prospect of success, it can be 'struck out'. This means that specific part of your claim will not proceed to a full hearing.
Do I need a lawyer to make a race discrimination claim?
While you can represent yourself, race discrimination claims can be complex. Seeking advice from a qualified solicitor specialising in employment law is often recommended to understand your options and the process.
What is 'direct race discrimination'?
Direct race discrimination occurs when someone is treated less favourably than another person because of their race. This is a specific type of race discrimination claim that can be brought before an Employment Tribunal.
Where can I find published Employment Tribunal decisions?
Full written reasons for Employment Tribunal judgments are published online at https://www.gov.uk/employment-tribunal-decisions shortly after they are sent to the parties involved.