RACIAL DISCRIMINATION SOLICITORS - NO WIN NO FEE
Individuals are protected from racial discrimination in the workplace by the Race Relations Act 1976. This Act protects individuals from racial discrimination on a number of different grounds, including race, colour, national origin and ethnicity. The Race Relations Act 1976 is applicable in England, Scotland and Wales. Northern Ireland has its own legislation which is similar to the Race Relations Act.
The Race Relations Act 1976 protects more than just employees. It also applies to job applicants, contract workers and individuals who are self-employed. Throughout the entire process of applying for and obtaining employment, all of these individuals are protected from racial discrimination, victimisation and harassment. All aspects of employment are covered by the Act, including recruitment, refusals to offer employment and terms of employment. Individuals who are employed by the organisation cannot be discriminated against in their benefits, training, transfers and facility access. A third type of racial discrimination involves an employer’s refusal to renew a fixed-term contract.
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Whether or not the offending party intended to behave in a discriminatory manner is not relevant. Intent is not a factor in determining whether someone has been the victim of racial discrimination. The standard is whether the employee feels harmed by offensive treatment in the workplace. Typically, a racial discrimination case is based not on one single incident but rather a series of offensive actions. It is possible, however, to bring a successful Race Relations Act claim if an isolated incident is deemed exceptionally offensive.
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There are two types of racial discrimination – direct and indirect. Direct racial discrimination is blatant and intentional. It occurs when an employer treats an employee unfavourably because of their race. Indirect racial discrimination has to do with requirements put in place by an employer that disproportionately, and negatively, affect one racial group over others. Unless the employer can provide a non-racially motivated justification for the requirement, they have committed racial discrimination.
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Racial victimisation is one particular type of racial discrimination. It occurs when an employee who has participated in a legal action under the Race Relations Act is punished in some way for this participation. Actual participation is not necessary for showing racial victimisation. Racial victimisation can also occur if the employee is treated in a discriminatory manner for merely indicating intent to bring a claim. Yet another type of racial victimisation occurs when an employee is treated unfavourably because they provided evidence in a racial discrimination case or made allegations of racial discrimination having taken place.
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The Employment Tribunal awards compensation to individuals who bring successful claims of racial discrimination. Receiving compensation begins with making an application to the Tribunal. Damages in racial discrimination cases can be substantial. First, if the Employment Tribunal deems the incident to have been exceptionally offensive, it has the option of awarding the claimant aggravated damages. Also, there is no statutory cap on the amount of compensation a successful claimant can be awarded in racial discrimination cases.
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Specialist employment law solicitors deal with racial discrimination claims. They are experts in claims brought under the Race Relations Act 1976. For free legal advice from a racial discrimination solicitor, simply email our offices or call our helpline. Cases are taken on the basis of a no win no fee payment agreement, which means that your solicitor does not get paid unless you get paid.
SOLICITORS HELPLINE 0844 332 0018