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You, as an employer, can be accused of racial discrimination in the workplace if you treat an employee differently from other employees on the grounds of their race, or if an employee suffers any detriments after refusing to comply with any racist instructions you might give them, for example if you ask him or her to treat customers differently based on their race. If an employee resigns because they are suffering from racial discrimination in the workplace, they may be able to claim for constructive dismissal. Furthermore, if your employee is subjected by you to any detriments as a result of a complaint they have made (or intend to make) about their discrimination), they 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 actions on the face of it appear to be discriminatory, the burden of proof is on you as the employer to show that you 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 would like more detailed information about race discrimination, 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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