This guide is maintained as a current resource for July 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.
Comprehensive guide to the legal framework for race discrimination in employment in England and Wales, explaining protections under the Equality Act 2010, types of unlawful conduct, tribunal claims, remedies, burden of proof and practical steps for employees and employers.
Race discrimination in the workplace refers to unfair treatment of individuals because of their race, colour, nationality or ethnic or national origins. In England and Wales, race discrimination is prohibited under the Equality Act 2010, which provides robust legal protections across all stages of employment, from recruitment through to dismissal. This article explains the legal framework, the types of race discrimination, who is protected, how to raise a claim, time limits, potential remedies and common questions. The aim is to make complex legal concepts accessible to employers, employees, students and the general public.
Legal Basis: The Equality Act 2010
The Equality Act 2010 is the principal statute governing discrimination law in England and Wales. It prohibits discrimination on the basis of protected characteristics, including race. Race includes colour, nationality and ethnic or national origins. This means that a wide range of racial groups and characteristics are protected.
Discrimination under the Act can occur in all aspects of employment, including:
- recruitment and selection
- terms and conditions of employment
- opportunities for training, promotion or transfer
- pay and benefits
- disciplinary action and dismissal
- redundancy and post‑employment treatment.
Unlike some earlier legislation, the Equality Act 2010 applies to a broad range of people at work, including employees, workers (such as agency and casual staff), job applicants and, in some cases, former employees.
Types of Race Discrimination
The Equality Act recognises several forms of unlawful race discrimination:
Direct Discrimination
Direct discrimination occurs when someone is treated less favourably because of their race compared with how someone of a different race would be treated in similar circumstances. For example, refusing to interview candidates because they are non‑British can amount to direct race discrimination.
Indirect Discrimination
Indirect discrimination arises where a seemingly neutral policy or practice disadvantages people of a particular racial group, and that practice cannot be justified as a proportionate means of achieving a legitimate aim. For example, a workplace rule that all staff must have five years' UK experience could disadvantage migrant workers, unless the employer can objectively justify the rule.
Harassment
Harassment is unwanted conduct related to race that has the purpose or effect of violating a person's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. Racist jokes, slurs or exclusionary behaviour can constitute harassment.
Victimisation
Victimisation occurs when someone is treated poorly because they have made a complaint of race discrimination, supported someone else's complaint, or provided evidence in relation to a discrimination claim. This protection encourages employees to raise issues without fear of reprisal.
Who Is Protected?
Race discrimination law protects:
- Employees and workers, including agency staff and certain self‑employed people if they personally carry out the work.
- Job applicants during hiring and selection processes.
- Former employees in specific contexts, such as when providing references or experiencing post‑employment detriments.
The protection is broad and applies regardless of how long someone has been employed; there is no minimum service requirement to bring a race discrimination claim.
Employer Obligations and Vicarious Liability
Employers have a duty to prevent race discrimination and promote equality in the workplace. They must ensure that policies, procedures and practices do not discriminate unlawfully. Employers can be held vicariously liable for discriminatory acts carried out by employees in the course of their employment, meaning the employer may be responsible even if it did not directly commit the discriminatory act.
Raising Concerns Internally
Many workplaces have internal procedures for addressing discrimination, such as grievance policies. If you believe you have experienced race discrimination, it is usually advisable to:
- Raise the issue informally with a manager or HR department, if appropriate.
- Use the formal grievance procedure to document your concerns and allow the employer to investigate and respond.
- Keep clear records of incidents, communications, dates and individuals involved.
Internal resolution can lead to a quicker outcome and may preserve working relationships, but it does not prevent you from pursuing a claim externally.
Employment Tribunal Claims
If internal procedures do not resolve the issue, you may bring a claim to an Employment Tribunal. Before a tribunal claim, you must contact Acas (Advisory, Conciliation and Arbitration Service) for Early Conciliation. Acas offers a free service to help parties settle disputes without litigation. An Early Conciliation certificate is required before presenting most tribunal claims.
Time Limits
There are strict time limits for bringing tribunal claims. Generally, you must present a claim within three months less one day from the date of the discriminatory act complained of. If discrimination occurs over a period, the final discriminatory act normally marks the start of the time limit.
Remedies and Compensation
If an Employment Tribunal finds unlawful race discrimination, it can award remedies, including:
- Compensation for financial loss, such as lost earnings and benefits.
- Compensation for injury to feelings, reflecting the emotional impact of discrimination.
- In some cases, interest on awards.
There is no statutory upper limit on compensation for discrimination claims, and tribunals consider factors including severity, duration and employer conduct when assessing awards.
Recent tribunal decisions have emphasised the importance of equal treatment in pay and conditions. For example, a group of cleaners at a major hospital successfully appealed findings of indirect race discrimination after delays in receiving equal pay and benefits following a contract transfer, highlighting the legal significance of workplace practices that produce unequal outcomes.
Burden of Proof
In discrimination cases, the burden of proof initially lies with the claimant to show facts from which a tribunal could conclude that race discrimination occurred. If such facts are established, the burden shifts to the employer to prove that the treatment was not discriminatory. This two‑stage test was confirmed by the Supreme Court in cases such as Royal Mail Group Ltd v Efobi.
Common Questions
Is language discrimination covered?
Yes. Actions that effectively exclude or disadvantage someone because of language linked to nationality can amount to race discrimination and harassment in certain circumstances.
Can I claim if I was passed over for promotion?
If you can show that the decision was influenced by race or a policy disproportionately disadvantaged your racial group, you may have grounds for a tribunal claim. Evidence and timing are critical.
Do I need a solicitor to bring a claim?
You may pursue claims without a solicitor, but many people seek legal advice to navigate complex evidence and legal tests, particularly in serious or contested cases.
Final Thoughts
Race discrimination in employment is prohibited under the Equality Act 2010, which protects individuals on the basis of race, colour, nationality and ethnic or national origins. The law covers direct and indirect discrimination, harassment and victimisation at all stages of employment. Legal protections apply to job applicants, employees, workers and some former employees. Raising concerns through internal procedures and Early Conciliation with Acas can provide resolution, while Employment Tribunal claims offer a formal route to compensation and declarations of rights. Understanding your rights, the legal tests, time limits and potential remedies increases the likelihood of a successful outcome in race discrimination matters.
