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Race discrimination at work: giving people a fair hearing

In the latest in our series of legal advice columns from the South West London Law Centre, LANCE BAYNHAM, discrimination caseworker, pictured right, gives examples of race discrimination cases the team is working on and explains what to do if you have been unfairly treated at work as a result of your race

We are currently representing a black woman in her tribunal claim against her former employer.

She put up with racist comments from her manager for years. These largely involved suggestions that black people were more likely to be violent and criminals.

Given that these comments were coming from her manager, understandably she never complained about the behaviour. She was worried about the repercussions it might have for her career.

She then went for a promotion.

Although she was told she interviewed brilliantly, the other candidate was more experienced and was offered the role. This other candidate then turned down the opportunity, and our client “acted up” into the role. Her employer then interviewed for the position again.

Our client had, by this point, been performing the role for six months. On this occasion, while she was told she had all the experience, the job went to a less qualified white person.

We are representing our client in negotiating considerable compensation in settlement of the claim.

Unfairly dismissed on account of race

In the case of a second client, they got into an argument with a colleague who used deeply offensive and racist language towards him.

Although a manager was immediately called, nothing happened to the colleague and the investigation never reached any conclusion.

Sometime later, following a separate incident with a customer, our client was dismissed and the racist language incident was cited as an example of his aggressive behaviour.

We are assisting him to bring his claim (of which unfair dismissal is a part) through the employment tribunal.

Bringing a claim: If you think you have been discriminated against on account of race, you need to act quickly as there may be time-barring issues depending on how long ago the events happened. You should also gather as much evidence as you can and you need to notify ACAS before bringing your claim.

Previous SWLLC advice articles:

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