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What is racial discrimination?

The Equality Act 2010 makes it unlawful for an employer to discriminate against you because of race. Race includes:

Under the Act, it doesn't matter if the discrimination is done on purpose or not. What counts is whether (as a result of an employer's actions) you are treated less favourably than someone else because of race.

The Equality Act 2010 Act protects all racial groups, regardless of their race, colour, nationality, or national or ethnic origins.

The different kinds of racial discrimination at work

The laws against racial discrimination at work cover every part of employment. This includes recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, right through to redundancy and dismissal.

The law allows a job to be restricted to people of a particular racial or ethnic group where there is an 'occupational requirement'. An example is where a black actor is needed for a film or television programme for reasons of authenticity .

There are four main kinds of unlawful behaviour under the Equality Act 2010:

Employers who don't stop unlawful conduct by their employees may themselves be breaking the law.

Jobs restricted to ethnic or national groups

In rare circumstances there are some jobs that require you to be of a particular racial group. This is known as an occupational requirement.

What is 'positive action'?

Positive action is where an employer takes action to provide support, training, or encouragement to people who share a protected characteristic such as a racial group.

Positive action is only allowed where a particular racial group:

• suffers disadvantage
• is disproportionately under-represented
• has needs that are different from the needs of other racial groups in the workforce

An employer has to ensure that any positive action measure taken is a proportionate way of tackling the disadvantage or under-representation experienced by particular racial groups, without discriminating against people outside of this group.

If you are being discriminated against at work

If you feel that another employee or a member of management other than your immediate boss is discriminating against you because of race, talk to your immediate boss and explain your concerns. Your employee representative (such as a trade union official) - if you have one - may also be able to help.

If your line manager or supervisor is discriminating against you, you should talk to their boss or to the company's human resource (HR) department.

Be clear in your mind about what you see as discrimination, and if necessary give examples in writing. Many employers have an equal opportunities policy, and you should ask to see a copy of this.

You should also talk to your employer if you are told to act in a way that you think discriminates - for example if you are told to treat someone differently because of race, colour, nationality, ethnicity or national origins.

If your employer doesn't want to help, you may need to make a complaint using your employer's grievance procedure. You shouldn't be victimised for complaining as this would count as unlawful conduct.

• How to resolve a problem at work

• Raising a grievance at work

• Protection of whistleblowers

If you are still unhappy, you could bring a claim of race discrimination to an Employment Tribunal. You could get in touch with the Equality and Human Rights Commission or your local Racial Equality Council, if there is one, for advice.

• Equality and Human Rights Commission website Opens new window

If you feel you were not offered a job because of race

You may be able to take your case to an Employment Tribunal. You may wish to take advice before doing this.

• Employment Tribunals: an introduction

Where to get help

For more information on where to get help with employment issues visit the employment contacts page or find out more about trade unions.

• Employment contacts

• Joining a trade union

More useful links

• Download Moving on: a guide to employability for black, Asian and minority ethnic (BAME) students and graduates (PDF, 614K)

• Help with PDF files

• Advice for employers on preventing discrimination and valuing diversity from businesslink.gov.uk Opens new window