Race discrimination at work

It is almost never written down. It does not need to be — the law was built on the assumption that it would not be.

What race covers

Colour, nationality, and ethnic or national origins. It includes discrimination because of your accent where that is tied to national origin, because of where you were educated, and because of a name that signals an ethnic background.

It also covers discrimination because of somebody else’s race — being treated badly because your partner or your child is of a particular ethnicity — and discrimination because of a mistaken perception about your race.

The four ways it happens

Direct discrimination. Being treated less favourably because of race. The comparison is with how someone of a different race in materially the same circumstances was, or would have been, treated. Direct race discrimination cannot be justified.

Indirect discrimination. A policy, criterion or practice applied to everyone that puts people of your race at a particular disadvantage — a requirement for UK-only experience, a dress code that conflicts with cultural practice, a recruitment process relying on referrals from an already homogeneous workforce. This can be defended only if the employer shows it is a proportionate means of achieving a legitimate aim.

Harassment. Unwanted conduct related to race that violates your dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. The intention behind it is not the test — the effect is, judged with regard to your perception and whether it is reasonable for the conduct to have that effect. “It was banter” is a description, not a defence.

Victimisation. Being treated badly because you complained about discrimination, supported someone else’s complaint, or gave evidence. A claim in its own right, and often the stronger one.

How you prove something nobody admitted

This is the question every client asks, and the answer is more encouraging than most people expect.

You do not have to prove what was in anybody’s mind. If you can show facts from which a tribunal could properly conclude that discrimination occurred, the burden shifts to the employer to prove that the treatment was not because of race. Once that shift happens, the employer has to produce a credible non-discriminatory explanation — and explanations produced late, inconsistently, or by witnesses who contradict each other frequently fail.

What builds that initial case in practice:

Comparators. How were people of a different race treated in the same situation? Who was promoted, who was disciplined, who survived the restructure, who was given the good accounts.

Patterns rather than incidents. One ambiguous remark proves little. The same thing happening repeatedly, or a sequence of decisions all falling the same way, proves a great deal.

Inconsistency in the explanation. The reason given at the time, the reason given in the grievance outcome, and the reason given in the tribunal response are often three different reasons. That inconsistency is evidence.

Statistics. Who is in the senior roles. Who is put through performance processes. Who leaves.

Questions asked at the right time. There is no longer a statutory questionnaire procedure, but you can still ask an employer for information, and an evasive or absent answer is something a tribunal can take into account.

What a claim is worth

There is no cap. Compensation covers financial loss for as long as the tribunal accepts the effect continues — which, where a career has been derailed, can run for years.

On top of that, an award for injury to feelings, assessed under the Vento bands. For claims presented on or after 6 April 2026:

Band

Range

Lower — an isolated or one-off incident

£1,300 – £12,600

Middle — serious cases not in the upper band

£12,600 – £37,700

Upper — a lengthy campaign of discrimination

£37,700 – £62,900

Exceptional

Above £62,900

Aggravated damages may be added where the manner of the treatment, or the way the complaint was handled, justifies it — and a badly handled grievance frequently does.

Time limits

Currently three months less one day from the act complained of, with Acas early conciliation before issuing. From 1 October 2026 the limit rises to six months for most claims where the act falls on or after that date.

Where discrimination continues over a period, time generally runs from the last act rather than the first. This is why claims that look out of time frequently are not, and it is worth checking rather than assuming.

Questions

Questions people ask us

Nobody said anything racist. Do I still have a claim?

Possibly. Explicit remarks are rare and the law does not require them. What matters is whether the facts — timing, patterns, comparators, inconsistent explanations — are enough for a tribunal to draw the inference. Once they are, the employer has to prove the reason was not race.

Do I need two years' service?

No. There is no qualifying period for any discrimination claim.

They said it was banter. Does that matter?

Not much. Harassment is judged on the effect of the conduct and whether it was reasonable for it to have that effect, not on whether the person intended offence.

I complained and things got worse. Is that separate?

Yes — that is victimisation, and it is a claim in its own right whether or not the original complaint succeeds. It is frequently easier to prove, because the connection in time is clearer.

Should I raise a grievance first?

Usually sensible, and failing to do so can reduce compensation. But it does not stop the clock — the time limit runs while the grievance is being considered, and people lose claims that way.

Will my employer find out I have taken advice?

Not from us. Everything you tell us is confidential and privileged, including the fact that you called.

The hub

Equality Act 2010 →

Also in this area

Disability discrimination and reasonable adjustments →

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Sex discrimination, pregnancy and maternity →

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