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Your employer can also be accused of racial discrimination in the workplace if they dismiss you if you refuse to obey racist instructions, for example if you are asked to treat customers differently based on their race. If you resign because you are suffering from racial discrimination in the workplace, you may be able to claim for constructive dismissal. Furthermore, if you are subjected to any detriments by your employer as a result of a complaint that you have made (or intend to make) about your discrimination, you may also have a claim for victimisation.
The Race Relations Act was strengthened in 2003. A new broader definition of indirect discrimination was introduced to cover informal as well as formal practises. The 2003 changes also made it clear that if your employer’s actions on the face of it appear to be discriminatory, the burden of proof is on them as your employer to show that they had a non-discriminatory reason for their actions. The same applies for cases of sexual discrimination in the workplace.
As with most employment law, there are some exemptions to the rules regarding racial discrimination in the workplace. There are some cases where race is considered to be a “genuine occupational qualification”. These include employees whose job involves providing promotional services to protect the welfare of members of their own race.
If you believe that you are being discriminated against on the grounds of your race, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any race discrimination issues you may have. Please contact us for an initial free consultation.
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