Employment Law – Race Discrimination

Race discrimination cases are not always straightforward.

Employers rarely state openly that someone has been treated differently because of their race. An Employment Tribunal may therefore need to examine the surrounding circumstances and decide whether race was in fact a reason for the treatment.

Race discrimination in Great Britain is principally governed by the Equality Act 2010.

The Act protects individuals against discrimination in employment and other work-related situations.

How is Race Defined Under the Equality Act?

For the purposes of the Equality Act 2010, race includes:

Colour
Nationality
Ethnic origins
National origins

Nationality can include citizenship.

A racial group can be defined by reference to one or more aspects of race.

For example, discrimination may relate to someone's:

Skin colour
British nationality
National origin
Recognised ethnic origin

Some groups have also been legally recognised as ethnic groups for Equality Act purposes.

The protection is not limited to people from minority racial or ethnic groups. A person of any race can potentially experience race discrimination.

Who is Protected by Race Discrimination Law?

Equality Act protection in the workplace is wider than ordinary permanent employees.

Depending on the particular provisions involved, protection can apply to:

Employees
Workers
Job applicants
Agency and contract workers
Contractors required personally to perform work
Certain self-employed people who personally provide their work
Trainees
Office holders
Partners
Former employees in relation to certain post-employment treatment

A genuinely self-employed person running an independent business will not automatically receive employment protection merely because they provide services to another organisation.

The precise employment relationship must therefore be considered.

Race discrimination protection can apply to decisions involving:

Recruitment
Interviews
Terms and conditions
Pay and benefits
Training
Promotion
Transfers
Performance management
Disciplinary action
Redundancy
Dismissal
References
Other workplace opportunities or disadvantages

For further guidance, see Discrimination.

What is Race Discrimination?

Race discrimination occurs where someone experiences unlawful treatment connected with race.

It can arise because of:

Your actual race
A race someone believes you have
Your association with someone of a particular race

For example, direct discrimination by association could potentially arise where an employee is treated less favourably because their partner belongs to a particular ethnic group.

Race discrimination can take four principal forms:

Direct discrimination
Indirect discrimination
Harassment
Victimisation

A discriminatory act can occur at any stage of employment, including before employment actually begins.

How Easy is it to Prove Race Discrimination?

Direct evidence of race discrimination is often unavailable.

An employer will rarely admit that a decision was made because of someone's race.

Discrimination also does not have to be deliberate or consciously motivated.

A decision-maker may act because of:

Stereotypes
Assumptions
Unconscious prejudice
Other considerations influenced by race

without openly acknowledging that race affected the decision.

The Tribunal will therefore examine the evidence and surrounding circumstances when deciding the real reason for the treatment.

Relevant evidence can include:

Emails
Messages
Comments
Recruitment records
Interview notes
Performance reviews
Promotion decisions
Redundancy scoring
Treatment of comparable employees
Changes in treatment over time
Inconsistent explanations from the employer

It is not enough merely to show that you and another person are of different races and were treated differently.

There must normally be some evidence from which a Tribunal could properly infer that race may have influenced the treatment.

Direct Race Discrimination

Direct discrimination occurs where someone is treated less favourably because of race than another person is, or would be, treated in materially similar circumstances.

For example, an employer could directly discriminate if it refuses to promote a suitably qualified employee because of their ethnic origin.

Direct race discrimination can also involve:

Discrimination by association
Discrimination by perception

Discrimination by Association

This can arise where you are treated less favourably because of the race of someone with whom you have a connection.

For example, an employee could potentially be discriminated against because their spouse or partner belongs to a particular racial group.

Discrimination by Perception

This can occur where someone incorrectly believes that you belong to a particular racial group and treats you less favourably because of that belief.

You do not actually need to have the racial characteristic that the discriminator believes you have.

Can Direct Race Discrimination Be Justified?

Ordinary direct race discrimination cannot generally be defended simply by arguing that the employer had a good business reason for it.

This differs from indirect discrimination, where objective justification can potentially provide a defence.

However, the Equality Act contains specific exceptions that can permit treatment connected with race in narrowly defined circumstances.

One example is a genuine occupational requirement.

What is an Occupational Requirement?

In limited circumstances, an employer may require someone performing a particular job to have a specific protected characteristic, including race.

For the exception to apply, the employer must be able to show that:

The characteristic is genuinely an occupational requirement
The requirement relates to the nature or context of the work
Applying it is a proportionate means of achieving a legitimate aim

The exception is narrow.

For example, authenticity or realism may potentially justify requiring an actor of a particular race for a specific acting role.

An employer cannot normally rely simply on:

Customer preference
Stereotypes
General assumptions
A desire for a particular image

to justify recruiting someone because of race.

Indirect Race Discrimination

Indirect race discrimination can occur where an employer applies a provision, criterion or practice to everyone, but it puts people sharing a particular aspect of race at a particular disadvantage.

The rule does not need to mention race expressly.

Examples of a provision, criterion or practice can include:

Recruitment criteria
Language requirements
Dress codes
Working arrangements
Promotion criteria
Redundancy selection methods
Workplace policies

For example, requiring a level of written English substantially higher than is genuinely necessary for a particular role could disproportionately disadvantage workers whose first language is not English.

Whether this amounts to unlawful indirect discrimination will depend on whether the employer can objectively justify the requirement.

Can Indirect Race Discrimination Be Justified?

Yes.

An employer may defend indirect discrimination where it can show that the provision, criterion or practice is a proportionate means of achieving a legitimate aim.

This is often called objective justification.

The employer must normally identify a legitimate objective and demonstrate that the discriminatory impact is proportionate to achieving it.

Relevant questions can include:

What legitimate need is the employer trying to meet
How serious is the disadvantage
Is the requirement genuinely necessary
Could the objective be achieved in a less discriminatory way

The fact that a rule is convenient or cheaper for an employer will not automatically make it objectively justified.

Can Someone Without the Relevant Race Bring an Indirect Discrimination Claim?

Potentially, yes.

Since changes to the Equality Act taking effect from 1 January 2024, indirect discrimination protection can also extend in certain circumstances to someone who does not personally share the relevant protected characteristic but suffers substantively the same disadvantage caused by the provision, criterion or practice.

For example, a policy that disadvantages people of a particular national origin may potentially also disadvantage another person who does not share that national origin but is affected in substantially the same way.

The detailed statutory requirements must still be satisfied.

Racial Harassment

Harassment related to race occurs where someone engages in unwanted conduct related to race that has the purpose or effect of:

Violating another person's dignity
Creating an intimidating environment
Creating a hostile environment
Creating a degrading environment
Creating a humiliating environment
Creating an offensive environment

Where the issue concerns the effect rather than the purpose of the behaviour, the Tribunal considers matters including:

The person's perception
Other circumstances of the case
Whether it was reasonable for the conduct to have that effect

Racial harassment can include behaviour such as:

Racist comments
Offensive jokes
Racial stereotypes
Mocking someone's accent
Racist images or messages
Racial abuse
Deliberately excluding someone because of race

A single sufficiently serious incident can potentially amount to harassment.

Does Ordinary Bullying Amount to Racial Harassment?

Not automatically.

Behaviour such as excessive criticism, monitoring or unpleasant management can potentially amount to bullying.

However, for it to constitute racial harassment under the Equality Act, there must normally be a sufficient relationship between the unwanted conduct and race.

For example, persistent criticism could potentially become racial harassment if it is accompanied by racial stereotypes or if the evidence shows that the conduct is related to the employee's race.

Workplace bullying that is unrelated to a protected characteristic may raise other employment-law issues, but it does not automatically become Equality Act harassment.

For further guidance, see Bullying at Work.

Can You Claim Harassment if the Racist Conduct Was Not Directed at You?

Yes, potentially.

Racial harassment does not always have to be personally directed at the person bringing the complaint.

For example, an employee who witnesses repeated racist comments about another racial group could potentially experience unlawful harassment if the conduct creates an intimidating, hostile, degrading, humiliating or offensive environment for them.

The employee does not necessarily need to belong to the racial group being targeted.

The Tribunal will consider the circumstances and the effect of the behaviour.

What About Racial Harassment by Customers or Other Third Parties?

As at 10 September 2026, an employer is not generally automatically liable under the Equality Act merely because a third party such as a:

Customer
Client
Patient
Service user
Supplier
Contractor
Member of the public

racially harasses an employee.

The previous statutory "three strikes" third-party harassment provisions were repealed many years ago and should not be treated as current law.

However, an employer should still take complaints seriously and may have other responsibilities towards its workers.

Its own response to third-party harassment could also potentially create legal issues depending on the circumstances.

How is Third-Party Harassment Law Changing?

The law will change on 30 October 2026 under the Employment Rights Act 2025.

From that date, employers will be liable in relevant circumstances for harassment by third parties unless they can show that they took all reasonable steps to prevent the harassment.

The new protection extends to harassment related to race.

Third parties can include people such as:

Customers
Clients
Service users
Contractors
Members of the public

Employers should therefore consider preventative measures before the new duty takes effect.

Victimisation

Victimisation occurs where you suffer a detriment because you have done, or the employer believes you have done or may do, a protected act under the Equality Act.

Protected acts can include:

Making an allegation of race discrimination
Raising a grievance about racial harassment
Bringing Equality Act proceedings
Giving evidence in another person's discrimination case
Supporting someone else's discrimination complaint
Doing another thing in connection with the Equality Act

You do not need to compare yourself with someone who did not make a complaint.

For example, victimisation could arise where an employee supports a colleague's race discrimination grievance and is subsequently excluded from promotion opportunities because they provided that support.

Protection does not normally apply to evidence or allegations that are false and made in bad faith.

Who Can Be Liable for Race Discrimination?

Liability may rest with:

The Employer
The Individual who carried out the discrimination
Another legally responsible party depending on the circumstances

An individual employee can potentially be personally liable for their own discriminatory conduct.

An employer may also be vicariously liable for discrimination, harassment or victimisation committed by an employee in the course of employment.

Conduct can potentially be treated as occurring in the course of employment even outside the ordinary workplace, depending on its connection with work.

Examples can include behaviour at:

Work social events
Business trips
Work-related messaging groups
Other work-connected activities

Does the Employer Have to Approve the Discrimination?

No.

An employer can potentially be vicariously liable even if senior management:

Did not authorise the conduct
Did not approve the conduct
Did not know it was happening

The issue is whether the discriminatory act was committed in the course of employment.

The employee responsible for the discrimination can also remain personally liable.

Does an Employer Have a Defence to Vicarious Liability?

Potentially.

An employer may avoid vicarious liability if it can prove that it took all reasonable steps to prevent the employee from committing the discriminatory act or acts of that description.

Relevant preventative measures could include:

Effective equality policies
Appropriate training
Refresher training
Proper complaint procedures
Effective enforcement of policies
Prompt action when concerns arise

Simply having an equality policy on paper will not necessarily establish the defence.

Whether all reasonable steps were taken depends on the particular workplace and circumstances.

How Does the Burden of Proof Work?

The burden of proof in Equality Act cases operates in stages.

Initially, the claimant must establish facts from which the Tribunal could decide, in the absence of another explanation, that unlawful discrimination occurred.

A difference in race combined with different treatment will not always be enough on its own.

There normally needs to be something more from which an inference of discrimination could properly be drawn.

If sufficient facts are established, the burden shifts to the employer or other respondent.

The respondent must then show that it did not commit the alleged discrimination.

What Evidence Can Help Prove Race Discrimination?

Because direct evidence is uncommon, surrounding evidence can be particularly important.

For example, evidence may show that:

A Less-qualified employee was promoted
Selection criteria were applied inconsistently
Explanations changed over time
Racist comments had previously been made
Employees of another racial group were treated differently
Procedures were departed from without explanation
Complaints about race were followed by negative treatment

The Tribunal can draw appropriate inferences from proven facts.

However, an employer may defeat the claim if it provides a credible non-discriminatory explanation supported by the evidence.

Should You Raise a Grievance?

If you are still employed, it may be appropriate to try to resolve the matter informally first where you feel comfortable doing so.

If this does not resolve the problem, you can raise a formal Grievance at Work.

A written grievance should normally explain:

What happened
Who was involved
Why you believe the treatment involved race
Relevant dates
Supporting evidence
Witnesses
What outcome you are seeking

Your employer should investigate the complaint fairly and without unreasonable delay.

You may still be able to bring an Employment Tribunal claim while remaining employed.

Does Raising a Grievance Extend the Tribunal Deadline?

No.

An internal grievance does not normally stop or extend the Employment Tribunal limitation period.

The same applies to:

An Internal appeal
An Investigation
A Disciplinary procedure

You should therefore keep the Tribunal deadline under review even if your employer is still investigating your complaint.

Acas Early Conciliation operates differently and can affect the calculation of the limitation period.

What if You Have Already Been Dismissed?

If you believe that dismissal was affected by your race or by a race discrimination complaint, you may potentially bring a race discrimination claim.

Depending on your circumstances, you may also have an Unfair Dismissal claim.

Race discrimination claims do not require the ordinary qualifying period of continuous employment that generally applies to ordinary unfair dismissal claims.

Your length of service therefore does not prevent you from bringing a genuine Equality Act race discrimination complaint.

What Remedies Can an Employment Tribunal Award?

If an Employment Tribunal finds that unlawful race discrimination occurred, it can potentially:

Make a declaration
Award compensation
Make an appropriate recommendation

A declaration formally records the legal rights of the parties and the Tribunal's finding.

A recommendation can require specified steps to be taken within a particular period to remove or reduce the adverse effects arising from the discrimination.

Compensation is intended, so far as money can do so, to compensate for the loss and harm caused by the unlawful treatment.

What Compensation Can You Claim for Race Discrimination?

Compensation for race discrimination is generally uncapped.

Unlike ordinary unfair dismissal compensation, there is no general statutory ceiling on an Equality Act race discrimination award.

Depending on the circumstances, compensation can include:

Past loss of earnings
Future loss of earnings
Loss of pension
Loss of benefits
Bonus or commission losses
Injury to feelings
Psychiatric or physical injury caused by discrimination
Aggravated damages in appropriate cases
Interest

A claimant is generally expected to take reasonable steps to reduce or mitigate financial losses.

The amount awarded will depend on the evidence and the actual consequences of the discrimination.

What is Compensation for Injury to Feelings?

An injury-to-feelings award compensates you for the emotional impact of unlawful discrimination.

This may include feelings such as:

Humiliation
Distress
Anxiety
Frustration
Fear
Anger
Upset
Loss of confidence

The award is separate from compensation for lost wages.

The seriousness of the discrimination and its impact on the individual are important.

What Are the Current Vento Bands?

Employment Tribunals use the Vento bands as guidance when assessing injury-to-feelings awards.

For claims presented on or after 6 April 2026, the current bands are:

Lower band – £1,300 to £12,600
Middle band – £12,600 to £37,700
Upper band – £37,700 to £62,900

The lower band generally applies to less serious cases.

The middle band applies to cases that do not justify an award in the upper band.

The upper band is reserved for the most serious cases.

The most exceptional cases can justify an award exceeding £62,900.

The appropriate award depends on the harm actually caused rather than simply counting the number of discriminatory incidents.

Can Aggravated or Exemplary Damages Be Awarded?

Aggravated damages can potentially be awarded where the employer's conduct has made the injury suffered by the claimant more serious.

This may involve particularly high-handed, malicious or insulting treatment, depending on the facts.

Exemplary damages, sometimes described as punitive damages, are much rarer.

They are not a routine part of discrimination compensation and are available only in exceptional circumstances where the applicable legal test is satisfied.

A claimant should therefore not assume that serious discrimination will automatically result in a separate punitive award.

Can You Claim Personal Injury Compensation in the Employment Tribunal?

You cannot ordinarily bring a standalone negligence-based personal injury claim in the Employment Tribunal.

However, where unlawful race discrimination causes a recognised psychiatric or physical injury, compensation for that injury can potentially form part of the Equality Act award.

For example, serious discriminatory treatment might cause a medically recognised psychiatric illness.

This is different from injury to feelings.

A claimant can potentially receive compensation for both, but a Tribunal must avoid compensating twice for the same harm.

Medical evidence is often important where psychiatric or physical injury is claimed.

How is Psychiatric Injury Assessed?

Relevant factors when assessing a psychiatric injury can include:

Ability to cope with everyday life
Ability to continue working
Effect on relationships
Treatment received
Likely success of treatment
Future vulnerability
Prognosis
Whether medical help has been required
Nature and duration of the conduct that caused the injury

Compensation for personal injury may include both non-financial and financial losses.

General Damages

General damages can compensate for matters such as:

Pain and suffering
Psychiatric injury
Loss of amenity
Effect on normal activities

Financial Losses

Additional financial losses may include matters such as:

Lost earnings
Treatment expenses
Other quantifiable losses

The claimant must establish that the loss was caused by the unlawful discrimination.

What Can You Not Normally Claim as a Separate Remedy?

Certain remedies sometimes expected by employees are not automatically available.

For example:

An Apology cannot ordinarily be ordered simply as a standalone remedy
Legal costs are not routinely awarded to the successful party
Separate injury-to-feelings awards are not automatically made for every individual incident
Compensation cannot provide double recovery for the same loss

Costs can nevertheless be awarded in Employment Tribunal proceedings in certain circumstances, including where a party or representative has acted unreasonably or a claim or response had no reasonable prospect of success.

Similarly, where discrimination causes a genuine and legally recoverable financial loss, the fact that it affects someone's professional standing does not automatically prevent compensation. The loss would still need to be properly established and causally linked to the discrimination.

What Are the Time Limits for Race Discrimination Claims?

Employment Tribunal deadlines are strict.

As at 10 September 2026, a race discrimination claim will generally need to be started within three months minus one day of the discriminatory act complained about.

Before presenting most Employment Tribunal claims, you must normally notify Acas and begin Early Conciliation.

Notifying Acas within the applicable limitation period can pause the limitation clock and affect the final deadline.

For further guidance, see Employment Tribunal Proceedings.

What if There Has Been Continuing Race Discrimination?

Equality Act time-limit rules can treat conduct extending over a period as occurring at the end of that period.

This may apply, for example, where there is an ongoing discriminatory policy or continuing course of related discriminatory conduct.

However, separate decisions occurring at different times do not automatically become one continuing act merely because each is alleged to be discriminatory.

Whether conduct forms a continuing act is a legal question that depends on the facts.

For further guidance, see Continuing Acts of Discrimination.

Are Tribunal Time Limits Changing?

Yes.

From 1 October 2026, the time limit for most Employment Tribunal claims will increase to six months minus one day.

The longer period applies where the relevant limitation period starts on or after 1 October 2026.

Claims whose limitation period began before that date will generally remain subject to the previous time limit.

You should not assume that an internal grievance gives you additional time.

Can a Tribunal Accept a Late Race Discrimination Claim?