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This fact sheet will give you some basic information about racial discrimination at work. You can also listen to it online or download it onto an MP3 player.

Please be aware that this is not legal advice and if you are concerned about any of the issues mentioned you should speak to a lawyer.

You can contact Russell Jones & Walker's solicitors at enquiries@rjw.co.uk or call our freephone number 0800 916 9065.

• How am I protected from race discrimination?
• What sort of behaviour might be covered?
• How is this different from indirect discrimination?
• What do you mean by "victimisation" and "harassment"?
• What can I do if I have suffered from racial discrimination?
• When do I have to make my complaint?
• What happens if my complaint is successful?

How am I protected from race discrimination?

You are protected from being discriminated against because of your race at work, in education and when using public services, although this fact sheet only covers your rights at work.

Most people think racial discrimination is only about colour or race. But the law also protects you from discrimination because of your nationality or ethnic or national origins. So if African workers are treated less favourably than Afro-Caribbean workers, this could still be racial discrimination.

It is also illegal to treat someone less favourably because of another person's race, for example, a white employee with a black partner.

It doesn't matter if the discrimination was deliberate or not. You just have to show that because of your employer's actions you were put at a disadvantage or denied opportunities, such as for promotion or training.

What sort of behaviour might be covered?

You are protected from being discriminated against because of your race at work, in education and when using public services.

There are four main types of discrimination: direct and indirect discrimination, victimisation and harassment.

Direct discrimination is when you have been treated less favourably on racial grounds than other people in similar circumstances. An example might be if you are refused a job, promotion or training because of your race.

To prove this, it will help if you can give an example of someone from a different racial group who has been, or would have been, treated more favourably than you in the same sort of situation. It doesn't have to be a real person.

How is this different from indirect discrimination?

Indirect discrimination is when an employer has a requirement, policy or practice which applies to everyone but would put someone of a particular race, ethnic or national origin at a disadvantage. For example, a rule that employees must not wear headgear could exclude Sikh men who wear a turban or Jewish men who wear a yarmulke.

If an employer cannot give a good reason for the policy or practice then it could be indirect discrimination.

What do you mean by "victimisation" and "harassment"?

"Victimisation" is when you are treated less favourably than someone else in a similar situation because you have complained or been involved in a complaint about racial discrimination.

"Harassment" is when you are made to feel humiliated or intimidated by someone else's behaviour, for example, people making racist jokes. For technical reasons, harassment only covers race or ethnic or national origin and not colour or nationality.

What can I do if I have suffered from racial discrimination?

If you can't resolve your complaint with your employer you can complain to an Employment Tribunal. You should get expert advice about this because the laws and regulations about racial discrimination are complicated.

You will have to show the Tribunal that you were denied opportunities at work or suffered a disadvantage because of your race. It is then up to your employer to prove otherwise.

You can ask your employer to fill in a questionnaire to help you get information about your complaint. If they don't reply properly, the Tribunal can conclude they were guilty of race discrimination.

When do I have to make my complaint?

You have to complain to the Employment Tribunal within three months of the incident happening. If you have raised a grievance with your employer first, this will be extended to six months.

If the racial discrimination took place over time, then you measure the time limits from when this period ends.

Sometimes you can make a claim after this time.

What happens if my complaint is successful?

If the Tribunal agrees with you, it can require your employer to take action regarding your complaint and possibly pay compensation. Compensation can cover injury to feelings as well as actual and future financial loss. There's no limit on the amount of compensation you might get, but it will only relate to anything caused directly by the discrimination found by the Tribunal.