What is racial discrimination at work?

If racism is costing you shifts, pay or a fair chance at work, the Equality Act 2010 protects you in England, Scotland and Wales. It covers colour, nationality and ethnic or national origins, from job application to after you leave. After your shift, write down what happened, save messages or rota changes you can lawfully access, and check the tribunal deadline. A grievance will not stop the clock.

What counts as race discrimination?

Section 9 of the Equality Act 2010 defines race to include colour, nationality, and ethnic or national origins. The protection applies to everyone, whatever their race. Nationality means citizenship; national origin can concern where you or your family came from. A British citizen of Nigerian origin can be discriminated against on either ground, or because of skin colour.

A racial group can include several distinct groups, such as “South Asian”. Recognised ethnic groups include Sikhs, Jewish people, Romany Gypsies and Irish Travellers. Caste can also fall within ethnic origins, depending on the facts. Religion is a separate protected characteristic, though the grounds can overlap.

The Act protects employees, workers hired to do work personally, job applicants and former employees. You do not need two years’ service, or even a first day at work. Recruitment, pay, shifts, training, promotion, dismissal and job references can all be challenged.

There are four main types of claim. You may have more than one arising from the same incident.

Direct versus indirect discrimination

Direct discrimination turns on the reason for the treatment. Were you treated less favourably because of race? A comparator is someone whose circumstances are not materially different apart from the relevant racial characteristic. They can be a real colleague or a hypothetical person. Racial segregation is expressly treated as less favourable treatment.

You do not have to prove malice. Nor does the employer have to get your background right. Rejecting you because someone thinks you are Pakistani when you are Bangladeshi can count. So can worse treatment because your partner is Black. These are discrimination by perception and association. Direct race discrimination has no general justification defence. A client’s preference does not excuse it. Calling it “customer choice” protects the employer’s sales at your expense, not a lawful loophole.

Indirect discrimination concerns a rule’s effect. The law calls the rule a “provision, criterion or practice”. It must apply, or be capable of applying, to people who share the relevant race and those who do not. If it disadvantages that racial group and you, the employer must show it is a proportionate means of achieving a legitimate aim. That requires evidence, not an assertion that the rule is convenient.

You need not always belong to the disadvantaged racial group. Section 19A, in force since 1 January 2024, also protects someone who suffers substantively the same disadvantage from the rule without sharing the characteristic.

Suppose a warehouse requires English for safety instructions, then extends that rule to conversations during breaks. Reliable safety communication may justify the first requirement. It does not automatically justify the second. The tribunal examines the need for the restriction and whether a narrower rule would work.

Accent and grooming rules deserve the same scrutiny. Clear communication may be needed for a call-handler’s job; excluding anyone with a “foreign accent” can be race discrimination. A ban on Afro-textured hair or braids can discriminate on ethnic-origin grounds. Acas distinguishes this from hair colour, which is not itself the “colour” protected by race law. A turban ban may engage both race and religion; a hijab ban commonly engages religion. A safety concern must be assessed, not assumed.

“Banter” is not a defence

Harassment is unwanted conduct related to race with the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. It can happen in a work chat, at a staff social event or while working remotely. You do not have to be the intended target, or belong to the racial group being mocked.

A single incident can qualify. Where you rely on the conduct’s effect, the tribunal considers your perception, the circumstances and whether it was reasonable for the conduct to have that effect. That assessment is not an extra hurdle where the prohibited purpose is established. Saying “it was only a joke” does not settle either question. Nor does saying you are “oversensitive”.

A customer’s racist abuse raises a different liability question. As at 1 October 2026, the employer is not automatically liable under the Equality Act simply because a customer harasses you. The employer’s own discriminatory response can still breach the Act. Health and safety duties and, in serious cases, constructive dismissal may also be relevant. Get advice before resigning; a constructive dismissal claim has separate requirements.

Punished for complaining

Victimisation means suffering a detriment because you carried out a protected act, or because someone believes you have done or may do one. Protected acts include bringing an Equality Act claim, giving evidence, helping someone exercise their rights and alleging a breach. An informal complaint can count. You do not have to quote the Act or win the underlying discrimination claim.

For example, you report that a manager gives all the customer-facing shifts to lighter-skinned staff. The manager then removes your overtime because you complained. That can be victimisation. Timing helps you build the case, but you must establish the connection; a decision made after a complaint is not necessarily made because of it. False evidence, information or allegations lose protection if given or made in bad faith. An honest mistake does not.

Colourism at work: bias within the same group

Colourism means bias based on skin tone, often favouring lighter skin over darker skin. Colour is expressly protected by section 9. Less favourable treatment because of skin tone can therefore be direct race discrimination even when the manager, claimant and comparator share an ethnic background.

Suppose you and a lighter-skinned colleague have comparable sales records and experience. Your manager gives them the front-of-house role, saying they have “the right look”, while assigning you stockroom shifts. That phrase alone does not prove discrimination. Keep the selection criteria, scores, explanation and any skin-tone comments. The question is whether colour explains the worse treatment.

This can happen in essential jobs: a care worker kept off preferred shifts, a cleaner passed over for a supervisor role, or a delivery worker given worse routes because of race. A single decision is not proof by itself. Compare the rota, allocation records and treatment of colleagues, and note who made the decision.

You do not need a study about colourism, or evidence that it affects the entire workforce, to bring a direct discrimination claim. You need facts about your treatment. Comparing otherwise similar decisions can help expose a skin-tone preference that an employer calls “presentation” or “client fit”.

Sharing an ethnic background does not make skin-tone discrimination lawful.

Who is protected, and who pays?

Section 39 covers employees and applicants. The Act’s definition of employment also includes apprenticeships and contracts personally to do work. Many workers and self-employed contractors are therefore protected. A “freelancer” label does not answer the question; the contract and working relationship matter. Our contractor discrimination guide explains the boundary with an independent business serving a client.

Agency workers may have claims against the hirer and the agency, depending on who did what. The Act also has separate provisions for office-holders, police, partners, barristers and trade unions. Former employees are protected where the treatment arises out of and is closely connected to the former relationship, such as a discriminatory reference.

Under section 109, an employee’s acts in the course of employment are normally treated as the employer’s acts too, whether or not the employer knew or approved. The person responsible can also be personally liable. To defend this liability for an employee’s act, the employer must prove it took all reasonable steps to prevent that act or acts of that kind. A policy on paper is not enough if staff ignore it and managers tolerate the behaviour. This defence does not excuse the employer’s own discriminatory decision.

The burden-of-proof rules recognise that employers hold much of the evidence. If the facts would allow the tribunal to find discrimination without another explanation, the respondent must prove there was no breach. You still need facts capable of supporting that inference. A difference in race and an unwelcome decision alone will not necessarily do it.

A policy is not enough

If you manage people, prevention means changing decisions and behaviour, not choosing a better slogan. Give staff a way to report racism without going through the person they are complaining about. Investigate promptly and fairly. Protect complainants and witnesses from retaliation, and tell them what happens next.

Use consistent recruitment and promotion criteria, record why candidates were selected, and review pay, shifts and access to training for racial disparities. Equality monitoring can help, but ethnicity data needs proper data-protection safeguards. Let people self-identify; do not guess their ethnicity. Consent is not a universal answer to the legal requirements for sensitive employee data.

There is no general mandatory ethnicity pay-gap reporting regime in force. The government’s March 2026 consultation response proposes reporting and action plans for employers with 250 or more employees. That proposal is separate from the existing gender pay-gap rules. A pay gap is a reason to investigate, not proof that every pay decision is discriminatory.

Train managers on the situations they actually face, including accent bias, colourism and customer abuse. Check whether they use the training and refresh it when needed. Staff networks can offer mentoring, peer support and feedback, but they should not carry the employer’s responsibility for handling complaints.

Helping under-represented groups without unlawful preference

Section 158 permits proportionate positive action where an employer reasonably thinks a group faces disadvantage, different needs or disproportionately low participation. Targeted outreach, mentoring and training may qualify. It is not permission to appoint a less suitable candidate because of race.

For recruitment and promotion, section 159 permits a limited tie-break. The candidates must be as qualified as each other. The employer must reasonably think the group faces disadvantage or low participation, the preference must be proportionate, and there must be no policy of automatic preference. Quotas and blanket preferences do not meet this test.

A separate, narrow exception is a genuine occupational requirement. The nature or context of the work must make the racial characteristic a requirement, and applying it must be proportionate to a legitimate aim. Casting an actor for a particular historical role may qualify. A customer’s racial preference does not.

Review complaints and outcomes, and act on patterns in recruitment, promotion and turnover. Public authorities also have equality duties. The detailed reporting duties differ between England, Scotland and Wales; those public-sector requirements are not a general quarterly publication duty for private employers.

How to complain and claim

If you are finishing a long shift, start with one dated note and a screenshot of the rota or message. You can raise the treatment internally, but check the deadline now. A grievance or appeal does not pause it.

1. Record what happened. Keep dates, exact words, witnesses, messages, rotas and selection scores. Note who received different treatment and why their circumstances are comparable. Preserve evidence you can lawfully access; do not take unrelated confidential files.
2. Raise the complaint. Explain the treatment, why you believe race was involved and what you want changed. Use an alternative manager or HR if your usual contact is implicated. Keep copies of the grievance and response. Our discrimination complaint guide helps you prepare.
3. Notify Acas in time. In Great Britain, you normally need to notify Acas before submitting a tribunal claim, even if you do not want conciliation. Notification is free; taking part in settlement discussions is voluntary. Do not wait for an internal appeal to finish.
4. Check respondents and submit the ET1. Identify each act and date, and name the employer’s correct legal entity. Get advice on whether to name the individual responsible, an agency or a hirer too. Check any early-conciliation requirements for each respondent. Use your certificate number unless an exemption applies.
5. Prepare the evidence and remedy. Explain what supports your claim and what the employer’s explanation misses. Keep job-search records and a calculation of lost pay. A union, advice service or employment solicitor can help with evidence, deadlines and settlement terms.

Use the support that fits your job: UNISON for care or health, Unite for hospitality or transport, USDAW for retail, GMB for logistics or cleaning, and IWGB for couriers. Citizens Advice, a local law centre or your union can help you work out the next step. Acas runs early conciliation. Report race discrimination to the EHRC; report suspected minimum-wage underpayment to HMRC, labour exploitation in GLAA-regulated work to the GLAA, and unsafe working conditions to the HSE. When wages are owed and withheld, that is wage theft. These reporting routes do not replace an in-time tribunal claim.

The deadline depends on the date of the act

For ordinary workplace race discrimination claims about acts on or after 1 October 2026, the usual limit is six months minus one day. Earlier acts retain three months minus one day. The change comes from amended section 123 and the transitional regulations. These are calendar months, not blocks of 30 days. A grievance or appeal does not pause the clock.

Conduct extending over a period is treated as occurring at the end of that period. A continuing discriminatory practice may therefore have a later deadline. But a one-off decision does not become continuing conduct just because its consequences last. Whether separate incidents form continuing conduct can be disputed. Work to the earliest possible deadline and get advice.

Timely Acas notification extends the deadline under section 140B. The excluded period runs from the day after notification to the day you receive, or are treated as receiving, the certificate. A further rule can give you until one month after that date if the deadline would otherwise fall within the statutory window. Do not assume you always have a fresh six months, or exactly one month, after conciliation. Check the calculation against your dates.

The tribunal can allow a late discrimination claim where it considers that just and equitable. This is discretion, not an entitlement. Notify Acas before the ordinary deadline rather than relying on an extension.

What is in force and what is scheduled

1. 6 Apr 2026Gender action-plan power in force

   Section 78A gives ministers power to require specified employers with at least 250 employees to publish gender equality action plans. The power is not itself a duty to publish, and does not cover ethnicity.

2. 1 Oct 2026Longer race-claim limit in force

   The ordinary limit becomes six months minus one day for acts on or after this date. Earlier acts keep three months minus one day, subject to the continuing-conduct rules and applicable extensions.

3. 30 Oct 2026Third-party harassment changes scheduled

   Acas gives this date for new liability where an employer permits third-party racial harassment by failing to take all reasonable steps to prevent it. The separate sexual-harassment prevention duty is scheduled to become “all reasonable steps” on the same date.

What can you win?

Under section 124, a tribunal can declare your rights, award compensation and make a recommendation to reduce the discrimination’s adverse effect on you. Compensation has no statutory cap. It can include lost earnings, benefits and pension, injury to feelings and interest. You must show the loss resulted from the unlawful conduct and take reasonable steps to limit financial loss, such as looking for another job.

Injury to feelings compensates for the harm to you, not a fixed price per racist incident. The Vento guidance for claims presented on or after 6 April 2026 sets these bands:

The most exceptional cases can exceed £62,900. Duration matters, but does not determine the band by itself. A single incident can cause severe harm; repeated conduct does not guarantee an upper-band award. The bands for Scottish claims remain subject to paragraph 12 of the original Presidential Guidance. Our tribunal procedure guide explains hearings and remedies.

For an employee’s claim concerning a matter covered by the Acas disciplinary and grievance Code, an unreasonable failure to follow it can justify increasing the award by up to 25%. The increase is discretionary, not automatic. An employee’s unreasonable failure can instead justify a reduction of up to 25%. The separate sexual-harassment prevention uplift does not apply simply because a claim concerns race.

Questions people ask

Is favouring lighter skin within the same ethnic group race discrimination?

Yes, if the worse treatment is because of skin colour. Section 9 protects colour independently of ethnic origin. Sharing an ethnicity with the manager or the favoured colleague does not defeat the claim.

Can an employer justify direct race discrimination?

There is no general justification defence. A narrow statutory exception, such as a genuine and proportionate occupational requirement, may make particular treatment lawful. That is different from defending discrimination by saying it was commercially convenient. Customer preference does not qualify.

Can one racist comment be harassment?

Yes. One incident can meet the statutory purpose-or-effect test. Where the claim relies on its effect, the tribunal considers your perception, the circumstances and reasonableness. You do not have to wait for it to happen again before reporting it.

What if someone wrongly assumed my race?

Direct discrimination can still occur because of perceived race. The question is why you received worse treatment, not whether the assumption was correct. Discrimination because of someone else’s race, such as your partner’s, can also count.

Does complaining internally extend my deadline?

No. Grievances and appeals do not pause it. The ordinary limit is six months minus one day for acts from 1 October 2026, and three months minus one day for earlier acts. Timely Acas notification can extend it. Check the tribunal deadline even while the employer investigates.

Can the same treatment be race and religious discrimination?

Yes, if the facts meet each test. A turban ban may disadvantage Sikh people on both grounds. Explain which characteristics were involved and how. Our guide to overlapping characteristics and dress-code guide explain the distinction.

Sources

1. Equality Act 2010, section 9, race, legislation.gov.uk
2. Equality Act 2010, section 13, direct discrimination, legislation.gov.uk
3. Equality Act 2010, section 19, indirect discrimination, legislation.gov.uk
4. Equality Act 2010, section 19A, the same disadvantage, legislation.gov.uk
5. Equality Act 2010, section 26, harassment, legislation.gov.uk
6. Equality Act 2010, section 27, victimisation, legislation.gov.uk
7. Equality Act 2010, section 39, employees and applicants, legislation.gov.uk
8. Equality Act 2010, section 109, employers and principals, legislation.gov.uk
9. Equality Act 2010, section 136, burden of proof, legislation.gov.uk
10. Equality Act 2010, section 123, time limits as at 1 October 2026, legislation.gov.uk
11. Equality Act 2010, section 140B, conciliation extensions, legislation.gov.uk
12. Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026, SI 2026/954, legislation.gov.uk
13. Employment Rights Act 2025, section 21, third-party harassment, legislation.gov.uk
14. Equality Act 2010, section 78A, gender equality action plans, legislation.gov.uk
15. Equality Act 2010, section 158, positive action, legislation.gov.uk
16. Equality Act 2010, section 159, recruitment and promotion, legislation.gov.uk
17. Equality Act 2010, Schedule 9, work exceptions, legislation.gov.uk
18. Equality Act 2010, section 124, remedies, legislation.gov.uk
19. Trade Union and Labour Relations (Consolidation) Act 1992, section 207A, Code-related award adjustments, legislation.gov.uk
20. Race discrimination: the law, Acas
21. Employment tribunal time limits, Acas
22. Third-party harassment law changes, Acas
23. Sexual harassment law changes, Acas
24. Early conciliation, Acas
25. Presidential Guidance, Ninth Addendum, Vento bands from 6 April 2026, Courts and Tribunals Judiciary
26. Mandatory ethnicity and disability pay-gap reporting, government consultation response, GOV.UK
27. Racial discrimination, nidirect
28. Race Relations (Northern Ireland) Order 1997, legislation.gov.uk
29. Still Rigged: Racism in the UK Labour Market, TUC, 31 August 2022
30. Tribunals statistics quarterly, January to March 2026, Ministry of Justice, 11 June 2026