Racism is also referred to as Race discrimination. This is when you are treated unfairly because of your race, or because of the race of someone you are connected with, such as your partner.
‘Race’ includes colour, nationality, citizenship and ethnic or national origins.
If race discrimination takes place in any of the following situations it is illegal, and you may be able to take action about it:
Direct race discrimination
It is direct race discrimination to treat someone less favourably than someone else would be treated in the same circumstances, because of race. To prove direct race discrimination, it will help if you can give an example of someone from a different racial group who, in similar circumstances, has been, or would have been, treated more favourably than you. Racist abuse and harassment are forms of direct discrimination.
One example of direct race discrimination is where you are from a particular racial group and an employer refuses to appoint you because, the employer says, you ‘wouldn’t fit in’ or ‘the customers would object’.
It’s also direct discrimination if an employer turns you down for a job because of your connection with someone else of a particular racial group. For example, an employer might turn you down for a job because your partner is Afro-Caribbean.
Indirect race discrimination
It is indirect race discrimination to have a rule, policy, or practice which people of a particular racial, ethnic or national group are less likely to be able to meet than other people, and this places them at a disadvantage.
Examples of indirect discrimination might include:
If you think that indirect race discrimination might have occurred, you may be able to make a complaint about it. However, if the person or organisation you are complaining about can show that there are genuine reasons for the rule, policy, or practice and that it has nothing to do with race, this won't count as discrimination.
For example, an employer may be able to show why an employee needs to have gained their qualifications in the UK to work in a particular role. If they can do this, there won't have been any discrimination.
What is ‘race'?
Race means being part of a group of people who are identified by their race, colour, nationality, citizenship, or ethnic or national origins.
If you are part of one of these groups and you experience discrimination, this counts as race discrimination.
Even if you’re not part of one of these groups, it still counts as discrimination if someone discriminates against you because they think you are. This is known as perceived race discrimination.
Someone may discriminate against you because of the race of someone else you know, rather than because of your own race. This is known as discrimination by association.
For example, an employer may not appoint you to a job, even though you are the best qualified person, just because the employer knows your partner is black.
This would be direct discrimination and you would be able to make a claim to an employment tribunal.
