Employment solicitors deal with race discrimination compensation claims relating to a workplace environment. They also handle allegations of racial harassment and victimisation. Employment compensation claims are dealt with using the no win no fee scheme. If you win your race discrimination case and receive compensation you pay a pre-agreed percentage of the compensation received to your solicitor. If the case is lost you pay your solicitor nothing at all. Race discrimination compensation claims are completely risk free and you do not have to fund or finance your claim upfront - your solicitor takes all of the financial risk. If you would like free advice without further obligation just call the helpline or email our offices. An employment law solicitor will review your potential race discrimination compensation claim there and then and will give you advice on liability, whether or not the case is worth pursuing and the anticipated award of damages which are unlimited in a race discrimination, racial harassment or victimisation claim before the Employment Tribunal. If you have been dismissed or if you have resigned or are thinking about resigning because of race discrimination, racial harassment or victimisation you are well advised to speak to an unfair dismissal compensation claim solicitor before taking any further precipitous action in order to preserve your legal right to receive compensation for any unlawful acts by your employer.

Race Discrimination

The most important legislation relating to a racial discrimination compensation claim lies in the Race Relations Act 1976 which covers discrimination on the grounds of race, colour, nationality, citizenship or ethnic origin :-

• Employers must treat all job applicants, employees, self-employed workers and contractors the same notwithstanding their race, colour, nationality, citizenship or ethnic origin in regards to training, promotion, selection, recruitment, salaries, pay and benefits.
• Landlords, residential letting agents and property owners must treat all individuals with whom they deal in business on an equal basis regardless of race, colour, nationality, citizenship or ethnic origin in regards to occupying, renting or purchasing property.
• It is unlawful for any public body which includes schools, colleges and universities to discriminate on the basis of race, colour, nationality, citizenship or ethnic origin.
• It is unlawful for any merchant who sells goods or any service provider to discriminate against a purchaser or potential purchaser by the provision of inferior goods or services on the basis of race, colour, nationality, citizenship or ethnic origin.

Racial Harassment

There is no definition of what amounts to racial harassment in the legislation however it has been defined in several leading cases before the Employment Tribunal as 'any type of unwanted behaviour linked to race, colour, nationality or ethnic or national origins that may range from mildly offensive comments to serious physical assault'. Racial harassment can take various forms including :-

• name-calling
• bullying
• racist jokes
• verbal abuse
• unprovoked physical assaults
• racist graffiti
• arson or attempted arson

The above definition arises as a result of claims before the Employment Tribunal based on applicable legislation which includes :-

• Protection from Harassment Act 1996
• Race Relations Act 1976
• Sex Discrimination Act 1975
• Disability Discrimination Act 1995
• Criminal Justice & Public Order Act 1994

There is some confusion between bullying and harassment. The courts often interpret unlawful actions as harassment if there is an overlying physical aspect which may be just a onetime event based on race. Bullying on the other hand is often without physical intimidation and may not contain an overt racial element but consists of a number of relatively minor confrontations intended to eventually intimidate the victim. Racial harassment can however be direct and obvious or it may take a more insidious format and be relatively subtle - indirect racial harassment whilst not being obvious nevertheless still intimidates the victim.

Racial 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.