Race Discrimination

In order to prove that you have been discriminated against you must show that you have been treated less favourably on the grounds of your race.

This may be either overt ‘direct' discrimination (e.g. you are racially harassed or fired) or it may ‘indirect' e.g. a practice or policy of your firm which has the effect of discriminating against you.

• Direct Race Discrimination

Example A
You are of Irish nationality and work as a courier. Upon delivering items to one of your firms regular customers, you are abused and called an ‘Irish idiot'. You tell your manager about this. Your manager does not complain to the customer and insists that you simply get on with the job. As you have been abused on account of your nationality and your employer has done nothing about it, this may amount to racial discrimination on the part of your employer.

• Indirect Race Discrimination

This is usually less overt and is simply a policy or practice of a firm which has the effect of treating an individual less favourably on account of their race. However, an employer may be able to justify discrimination if it justified.

Example B
A firm of couriers has a policy that it will not employ anyone without an English Driving licence. This may be discriminatory on the grounds that it is likely to have an adverse effect upon people of a foreign nationality. However, they may be able to prove to a tribunal that this policy if justified in the interests of road safety.

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