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Racial Harassment Solicitors - Tribunal Compensation Claims

Racial harassment at work is near constant torment directed toward individuals based on their colour, race, ethnicity or national origin. It can take the form of mildly offensive comments or "jokes" to physical attacks.

When you instruct an employment solicitor to handle a racial harassment claim, they will begin by attempting to negotiate a settlement with your employer. If these negotiation attempts prove unsuccessful, the next step is to make an application to the Employment Tribunal where your racial harassment solicitor will vigorously pursue your compensation claim to get you the financial award that you deserve.

Our race harassment solicitors are specialists in UK employment law. They provide representation to individuals located anywhere in the UK in cases involving racial harassment. They are expert litigation solicitors who have the skills and experience necessary to handle cases of race harassment.

Contact us today for free legal advice about your potential claim. A racial harassment solicitor will contact you to discuss the details of our case and answer all of your question.

What Is Racial Harassment

Racial harassment is a type of racial discrimination. A person is a victim of racial harassment when they are subjected to unfavourable or offensive behaviour because of their colour, race, national origin, ethnicity or nationality. Racial harassment can range widely in severity. It may take the form of an inappropriate comment or it may be a physical attack. Note that a claim of racial harassment must be based on an actual incident. You cannot make a claim simply because someone in your workplace is racially prejudiced in their outlook.

Legislation

There is no single piece of legislation which comprehensively covers this issue. Racial harassment is covered by several different statutes :-

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

Racial harassment can take many forms. For example, a single physical attack can qualify as the basis for a racial harassment claim or it might be based on a verbal incident. Another form of racial harassment is bullying which usually involves a series of seemingly minor incidents which continue to occur for so long that it becomes harassment.

Employer Responsibility

It is the responsibility of the employer to pay the compensation awarded by the Employment Tribunal to a successful claimant. This is sometimes true even in cases where the harassment occurred after regular work hours or even outside the premises of the workplace. Whether or not the employer will be responsible depends on the specific facts of the case. Specifically, it depends on whether the time and place can be considered to have a connection to the employment, such as office party. The employer can escape liability if they are able to prove that they took reasonable steps to prevent racial harassment from occurring.

Evidence

A victim of racial harassment can help to ensure the success of their claim by taking certain steps to preserve evidence. Taking these steps are an important way to provide support for you claim when your solicitor applies to the Employment Tribunal. These steps include :-

  • Keeping detailed notes of the incidents of harassment. Your notes should contain the date and time when the incident occurred, the location where the incident occurred, the names of the harassers and the names of witnesses to the incident.
  • Reporting the incident to your superior immediately to give them an opportunity to resolve the incident. If your superior does not take the necessary actions, then file a formal complaint with the appropriate manage. The complaint should be as detailed as possible.
  • Seeking the counsel of a qualified employment law solicitor if the matter remains unresolved. At this point you may have a claim which can be brought before the Employment Tribunal.

Harassment & Bullying

Racial harassment is normally a blatant attempt to make the person look bad and break down the individual's self-respect through off-colour jokes, pranks and antics based on race which can lead to taunting, inappropriate touching or physical assault.

Bullying on the other hand is normally vague in nature and occurs over a long period of time. The bully often uses seemingly harmless jokes to get others to unknowingly join in on the misbehaviour. Bullies do not generally use physical attacks but instead apply negative critiques about the individual's performance, true or false, in front of superiors and co-workers.

Racial Victimisation

It is the right of every person in the world to be treated fairly and with dignity with no regard to race. This is especially true in the UK workplace where the Race Relations Act 1976 prohibits discrimination which includes racial victimisation. By virtue of the Race Relations Act 1976 employers may face a racial victimisation claim if an employee is discriminated against or harassed for being involved in a racial discrimination claim of any type which also includes offering evidence for another person. Any unfavourable treatment resulting from any type of participation in a racial discrimination compensation claim, even simply complaining to a superior, is considered racial victimisation and can result in a racial harassment solicitors claim for compensation to the Employment Tribunal.

Race Relations Act 1976

Racial victimisation is only one of four basic types of racial discrimination. The other three are harassment, direct discrimination and indirect discrimination. Under the legislation it is illegal for an employer to discriminate in any manner against an employee on the basis of colour, race, nationality, ethnicity or national origins.

The statute has no specific requirements regarding an employee’s hours of work or duration of employment with the organisation, nor does an employee need to prove intent. An employer can be deemed liable for discrimination unless they can prove that they have taken positive steps to avoid discrimination, even if they did not intend to discriminate against the employee and even if it was not them, but someone in their employ, who committed the discriminatory act or acts. If an employee feels they are experiencing racial victimisation, their solicitor can present their complaint to the Employment Tribunal. There is currently no limit on amount that an employee may receive as compensation for racial victimisation.

Racial Harassment Solicitors

Our solicitors deal exclusively with employment law and are experienced with racial harassment cases. The definition of racial harassment doesn't begin to define the complexities involved in workplace racial harassment, its reasons or causes. When you feel you have been subjected to these problems, call the helpline and get advice and guidance from an experienced legal counsellor. Our solicitors will advise on liability and compensation and walk you through the process in an initial consultation that is free of charge.

>Our solicitors handle all types of employment law disputes involving race harassment or racial bullying. We will attempt to negotiate a settlement with your employer; if negotiations fail to provide just compensation we will make an application to the Employment Tribunal in on your behalf.