What do I do if I am being racially discriminated against at work?

Racial discrimination in workplaces across the UK remains a significant concern, with recent statistics highlighting its prevalence and ongoing impact.

A 2025 report by Ciphr revealed that 45% of UK adults have experienced some form of workplace discrimination, with 69% of ethnic minority respondents reporting such experiences.

Under the Equality Act 2010, it is unlawful for employers to discriminate based on race, colour, nationality or ethnic origin. Unfortunately, racial discrimination in workplaces still occurs. A notable example is the recent case of Ms. W Andrew and Mr. K Baptiste v Southwark Council, where an Employment Tribunal ruled that Southwark Council had discriminated against two employees following racist comments made by a colleague. Despite the offensive remarks made, the employee responsible was promoted; further compounding the harm. The tribunal awarded compensation to the claimants totalling £64,157, underscoring the importance of addressing such gross misconduct.

Employees often hesitate to address racial discrimination at work due to several factors. Many fear retaliation, such as demotion, exclusion, or unfair treatment, which can make them reluctant to speak up. A lack of trust in their employer or uncertainty about how to formally report discrimination can also discourage action. If you are facing racial discrimination at work and are unsure about how to address the situation, we hope this guide will prove helpful.

Identifying Racial Discrimination At Work

Racial discrimination in the workplace can take place in various forms:

• Direct discrimination: This occurs when an employee is treated less favourably because of their race. For example, if two employees apply for a promotion and the more qualified candidate is overlooked solely because of their race, this would be considered direct discrimination. Another instance could be being denied a training opportunity due to assumptions about your ethnic background/culture.

  
  

• Indirect discrimination: This happens when a workplace policy, rule, or practice applies to all employees but disadvantages a particular racial group. For example, a company may introduce a dress code that prohibits certain hairstyles, such as curly hair, which could disproportionately impact black employees. Similarly, requiring fluency in a specific language when it is not necessary for the role could exclude non-native speakers, creating an unfair disadvantage for certain racial groups.

  
  

• Harassment: This refers to unwanted conduct related to race that creates an intimidating, hostile, or offensive work environment. Examples include racist jokes, derogatory comments, or being excluded from workplace activities. For instance, if a colleague repeatedly makes jokes about someone’s accent or cultural background, making the individual feel uncomfortable, this could be considered racial harassment.

  
  

• Victimisation: This occurs when an employee is treated unfairly after making a complaint about racial discrimination or supporting someone else’s complaint. For example, if an employee raises concerns about racism in the workplace and is subsequently demoted, excluded from meetings, or subjected to unfair criticism, this would be considered victimisation.

Addressing The Discrimination

If you believe you are experiencing any form of racial discrimination at work, taking the following steps can help you address the issue:

1. Document the Discrimination

   
   

Keeping a detailed record of any incidents of racial discrimination is crucial. Write down dates, times, locations, and the nature of the incidents, as well as the names of anyone involved or who may have witnessed the events. This documentation will be important if you need to report the discrimination or pursue legal action.

2. Speak to the Person Involved

   
   

If you feel safe and comfortable doing so, consider addressing the issue directly with the person responsible for the discriminatory behaviour. Sometimes, individuals may not realise their actions are harmful, and having a conversation may help to resolve the situation.

3. Follow Company Procedures

   
   

Most workplaces have formal grievance procedures to handle issues like discrimination. It’s important to follow these procedures to raise the issue formally. This may include:

• Writing a formal complaint to your manager, HR, or a designated company representative.

• Providing details of the discrimination, including the documentation you have gathered.

• Requesting that the matter be investigated and addressed.

  
  

Employers are legally obliged to take complaints of racial discrimination seriously, investigate them and take appropriate action. If your workplace lacks a formal procedure, you may want to request that one be put in place.

4. Seek Support from Colleagues or an Employment Solicitor

   
   

If you feel comfortable, consider talking to colleagues who may have witnessed the discrimination. They might be able to provide witness statements or offer moral support. At this stage, you also ought to consider getting in touch with an Employment Solicitor because they will also be able to guide you through the grievance process and assist in addressing the issue.

5. Escalate to an Employment Tribunal

   
   

If the discrimination continues despite reporting it to your employer or if you are unhappy with the outcome of the investigation, you can escalate the matter. You ought to consult with an Employment Solicitor to explore your options, which may include negotiating your exit or filing a claim with an Employment Tribunal.

Before proceeding with a claim, you are required to notify ACAS (Advisory, Conciliation and Arbitration Service). ACAS offers a free service aimed at resolving disputes between employees and employers without the need for a tribunal (early conciliation service). If conciliation fails or you remain dissatisfied, you can take the matter to an Employment Tribunal.

6. Seek External Support

   
   

Beyond legal action, prioritising your wellbeing is essential. Experiencing racial discrimination can have a significant emotional and psychological impact. It may be helpful to talk to a counsellor or therapist to support your mental health during this difficult time. Additionally, speaking with an Employment Solicitor can help you contexualise your claims and help you understand your best options for next steps.

Conclusion

Addressing racial discrimination in the workplace is not just about following procedures. It’s about ensuring fairness, dignity, and equal opportunities for all employees. While legal frameworks such as the Equality Act 2010 exist to protect workers, the reality is that many still face discrimination; often feeling powerless to challenge it.

This highlights the need for employers to take proactive steps in fostering an inclusive environment.

If you are experiencing racial discrimination, you don’t have to endure it alone. Take action and seek the support available to you.

Call a specialist employment lawyer  

Magara Law is an employment law firm in Bicester, Banbury, Reading and Paddington, London, and services clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.