This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how to comply with race discrimination laws in England and Wales under the Equality Act 2010. This guide explains what race discrimination is, employer responsibilities, practical steps to prevent unlawful treatment, how to handle complaints, and what happens if a claim is brought to an Employment Tribunal.
Race discrimination is unlawful in employment and many aspects of public life in England and Wales. The principal law governing this area is the Equality Act 2010, which sets out how individuals and organisations must act to ensure fair treatment on the grounds of race - including colour, nationality and ethnic or national origins. This guide explains what race discrimination is, how compliance works, and practical steps that employers and individuals should consider to understand and meet their legal obligations.
Understanding Race Discrimination
What the Law Protects
Under the Equality Act 2010, race is one of nine protected characteristics. The law says it is unlawful to treat someone unfairly because of their:
- Colour (for example skin tone);
- Nationality (current citizenship); or
- Ethnic or national origins (background or heritage).
This protection applies in employment and many other areas such as education, services and housing.
Types of Race Discrimination
Discrimination can take several forms:
- Direct Discrimination: Treating someone less favourably than others because of their race.
- Indirect Discrimination: Applying a policy or practice which puts people of a particular racial group at a disadvantage.
- Harassment: Unwanted behaviour related to race that violates someone's dignity or creates an offensive environment.
- Victimisation: Treating someone badly because they have complained about discrimination or supported someone else's complaint.
Even if unfavourable treatment was not intentional, it can still be unlawful if it has a discriminatory effect.
Who Must Comply With Race Discrimination Laws
Employers and Organisations
Employers, recruiters, service providers and public bodies must ensure their actions do not discriminate on the basis of race. This includes in recruitment, terms and conditions, training, promotion, dismissals, services and facilities. They are also responsible for actions of their staff, which means they can be held liable if discrimination occurs in the workplace.
Individuals
Employees, job applicants, contractors and former workers are covered under the law and have rights if they experience discrimination.
Practical Steps for Compliance
1. Know the Law and Train Staff
Organisations should ensure that decision‑makers and employees understand what race discrimination is and how it can occur. This includes providing training on the Equality Act 2010 and specific examples of behaviour that could amount to unlawful discrimination.
Training should:
- Cover direct and indirect discrimination, harassment and victimisation.
- Include real‑world scenarios relevant to the organisation's work.
- Be refreshed and updated regularly.
2. Establish Clear Policies
Having explicit policies on equality, diversity and inclusion helps set organisational standards. Policies should:
- Prohibit race discrimination, harassment and victimisation.
- Explain how to report concerns confidentially and fairly.
- Set out consequences for breaches of policy.
These policies need to be easily accessible, regularly reviewed and integrate with grievance, disciplinary and whistleblowing procedures.
3. Fair Recruitment and Promotion Practices
Recruitment, performance reviews and promotions must be based on objective, non‑discriminatory criteria. Actions to consider include:
- Using standardised job descriptions and selection criteria.
- Advertising posts widely to encourage diverse applicants.
- Avoiding unnecessary requirements (for example, excessive UK experience where not essential).
Employers must also conduct right‑to‑work checks fairly and consistently for all candidates to avoid unlawful discrimination.
4. Encourage a Respectful Culture
Organisations should promote an inclusive environment where:
- All staff understand expectations for respectful conduct.
- Race‑related issues can be discussed sensitively and openly.
- Language around race and ethnicity is appropriate and reviewed.
For many organisations, this includes establishing staff networks, appointing race equality champions, and actively reviewing workplace culture.
5. Handle Complaints Effectively
When discrimination incidents occur, employers should:
- Take complaints seriously and investigate promptly.
- Apply documented grievance procedures consistently.
- Keep accurate records of allegations, investigations and outcomes.
It's unlawful to victimise someone for raising a concern or supporting a complaint.
What Happens if Race Discrimination Occurs?
Employment Tribunals
If a worker or applicant believes they have been unlawfully discriminated against at work, they may bring a claim to an Employment Tribunal. Most race discrimination claims relating to work must be filed within three months less one day of the discriminatory act. Early conciliation through the Advisory, Conciliation and Arbitration Service (Acas) is a mandatory step before tribunal claims.
The tribunal considers whether discrimination took place on the balance of probabilities. If the claimant proves a prima facie case, the burden shifts to the employer to explain their conduct. Remedies include:
- Compensation for financial loss;
- Damages for injury to feelings; and
- Recommendations to prevent future discrimination.
Time Limits and Pre‑Action Steps
Strict time limits apply to discrimination claims, especially in the employment context. Claimants usually have three months minus one day from the discriminatory act to start a claim. Not meeting this deadline can lead to dismissal of the claim unless the tribunal considers it fair to allow a late claim.
Before making a tribunal claim, Early Conciliation with Acas is compulsory to explore settlement options outside formal proceedings.
Key Takeaways
Race discrimination law in England and Wales is grounded in the Equality Act 2010 and prohibits unfair treatment because of race, colour, nationality or ethnic origins. Compliance requires employers and organisations to:
- Understand the law and train staff;
- Implement clear anti‑discrimination policies;
- Ensure fair recruitment, promotion and workplace practices;
- Foster a respectful and inclusive culture; and
- Respond appropriately and promptly to complaints.
Individuals experiencing race discrimination may raise grievances internally and, where unresolved, pursue claims before an Employment Tribunal within statutory time limits. While compliance can reduce legal risk, it also promotes fairness, wellbeing and diversity at work.
