Race Discrimination at Work & at Tribunal

Race discrimination is illegal and unacceptable. Whether you've faced discrimination in hiring, pay, promotion, or treatment by colleagues, you have the right to compensation.

What is race discrimination under the Equality Act?

Race discrimination occurs when you are treated worse because of your race, color, nationality, or ethnic or national origin. It includes direct discrimination (treated worse than others), indirect discrimination (a rule that disadvantages your racial group), harassment (offensive comments or conduct), and victimisation (treated badly for complaining). The Equality Act 2010 protects all racial groups and nationalities.

What is the burden of proof in a race discrimination claim?

You must first show facts from which the tribunal could infer discrimination. Once you do this, the burden shifts to your employer to prove they did not discriminate. This is called the "burden of proof shifting mechanism". Your employer must show the treatment was for a non-discriminatory reason. Even if their reason is true, they must prove it, not you.

Do I need to compare myself to someone of a different race?

Yes, for direct discrimination you typically need a comparator — a colleague of a different racial group who was treated better in the same or similar circumstances. The comparator doesn't need to be named in your claim, but the tribunal will compare how you were treated to how others were treated. For indirect discrimination, the tribunal compares how the rule affects your racial group.

Can my employer be liable for discrimination by other employees?

Yes. Your employer is vicariously liable for discrimination by colleagues and co-workers, even if the discrimination wasn't done during work time or by management. Your employer can only avoid liability if they can show they took reasonable steps to prevent the discrimination. Reporting discrimination to HR is essential — if you don't report it and your employer didn't know, it may still be vicarious liability.

What time limit applies to race discrimination claims?

You must bring your claim to the Employment Tribunal within 3 months minus one day of the discriminatory act (EQA 2010 s.123). If it's ongoing discrimination, the 3-month clock starts from when it stopped. ACAS early conciliation pauses this deadline for up to 3 months (source: acas.org.uk/early-conciliation). Without an ACAS certificate, your claim will be rejected.

What compensation can I claim for race discrimination?

Compensation includes injury to feelings (using Vento bands — claims presented on or after 6 April 2026: lower £1,300–£12,600, middle £12,600–£37,700, upper £37,700–£62,900, exceptional above £62,900), loss of earnings, future losses, and in serious cases, aggravated damages if the employer's treatment was particularly callous. The tribunal also considers the impact on your health, how long the discrimination lasted, and how serious it was.

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Time limit from the act of discrimination

Employer must prove they didn't discriminate

Typical compensation award range

What counts as race discrimination?

Race is a protected characteristic under the Equality Act 2010.

This includes race, color, nationality, and ethnic or national origin. Discrimination can take four forms:

Direct discrimination

Being treated worse than someone of a different race in the same or similar circumstances. Example: being rejected for a role because of your nationality, or being given less favorable terms because of your ethnic origin.

Indirect discrimination

A rule or requirement that looks race-neutral but disadvantages your racial group more than others. Example: requiring fluent native English when not essential for the role.

Unwanted conduct related to race that creates an offensive or intimidating environment. Example: racist jokes, comments about accents, or exclusion based on race.

Being treated badly because you've made a complaint about race discrimination or supported a colleague's complaint.

The burden of proof shift

One of the most powerful tools in a discrimination claim is the "burden of proof shift". Here's how it works:

Step 1: You present facts pointing to discrimination

You must show facts from which the tribunal could infer that you were treated worse because of race. Example: you were rejected for a role and all successful candidates were white.

Step 2: The burden shifts to your employer

Once you've presented prima facie evidence of discrimination, your employer must prove they didn't discriminate. They must show a non-discriminatory reason. The tribunal doesn't have to accept their reason if it's not credible.

Step 3: The tribunal decides

If your employer can't prove their reason, or if the tribunal doesn't believe them, you win. This is much easier than having to prove the employer intended to discriminate.

Finding a comparator

For most discrimination claims, you need to compare how you were treated to how someone of a different race was treated.

What is a comparator?

A comparator is a real colleague (or potential candidate) who was in the same or similar circumstances as you but was treated more favorably. They must be of a different race.

Example: You (Asian) and a white colleague applied for the same promotion with similar experience and performance. The white colleague was promoted. They are your comparator.

Does the comparator need to be named?

No, you don't need to name your comparator in your claim form. But you must show they existed and were treated better. In the tribunal hearing, you can refer to "Employee X" if you don't want to name them.

What if you can't find a comparator?

For indirect discrimination, you don't need a named comparator. You show that a rule disadvantages your racial group. You can also rely on the burden of proof shift if you present other evidence of discrimination.

Employer liability for co-worker discrimination

Your employer can be held legally liable for discrimination by co-workers and colleagues, even if managers aren't directly involved.

Your employer is vicariously liable for harassment or discrimination by colleagues if it happens in the course of employment. This means the employer is legally responsible even if they didn't do the discrimination themselves.

The employer's defence

Your employer can only escape liability if they can show they took "all reasonable steps" to prevent the discrimination. This usually means having an anti-discrimination policy and taking complaints seriously.

Reporting is critical

You must report co-worker discrimination to management or HR in writing. If you don't report it and your employer can show they didn't know about it, they may argue they took steps to prevent it. Always get written confirmation that your complaint was received.

Compensation and remedies

If you win your race discrimination claim, the tribunal can award several forms of compensation:

Using Vento bands (claims presented on or after 6 April 2026): lower (£1,300–£12,600) for minor cases, middle (£12,600–£37,700) for moderate cases, upper (£37,700–£62,900) for serious cases, exceptional above £62,900. The tribunal considers the seriousness, duration, and impact on your health.

Loss of earnings and future loss

Wages you would have earned if you weren't discriminated against, including future earning losses if the discrimination forced you to leave.

In serious cases, where the employer was particularly callous or dishonest (e.g. failing to investigate your complaint, making false statements), the tribunal can award extra compensation.

The tribunal can recommend action by the employer to prevent further discrimination.

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Start My Claim is not a law firm. Content is for informational purposes only and does not constitute legal advice.