Race & Sex Discrimination
Payouts to victims of discrimination in the workplace have reached
a record £3.35m. In 2000, Employment Tribunals awarded £980,000
in compensation, an increase of over 38% the year before. Undoubtedly,
the biggest payout was to Gurpal Virdi, who was wrongly sacked by
the Metropolitan Police. He received a reported settlement of £200,000.
Unlike a claim for unfair dismissal, you do not need to have been
continuously employed for one year or more, and there is no upper
ceiling on the level of compensation that may be awarded.
What is Race & Sex Discrimination?
The Race Relations Act 1976 makes it unlawful to discriminate
on racial grounds. The Sex Discrimination Act 1975 makes it unlawful
to discriminate on sex or marital grounds. It does not cover discrimination
against gay, lesbians or age.
"Racial grounds" are defined as any of the following:
- Colour
- Race
- Nationality
- Ethnic or national origins
The Race Relations Act and the Sex Discrimination Act forbids
discrimination at every stage of employment, including advertising
vacancies, recruiting employees, promotion and dismissal. There
are three types of discrimination:
- Direct discrimination
- Indirect discrimination
- Victimisation
Direct Discrimination
This is where a person discriminates against another if, on racial
or sexual grounds, he treats the other person less favourably than
he would treat other persons.
Indirect Discrimination
A person discriminates against another if he applies a requirement
or condition to that other person which he would apply equally to
persons of a different group but which:
a. The proportion of persons in that group who are able to comply
with it is considerably smaller than the proportion of persons
not in that racial group who can comply and
b. It cannot be shown to be justifiable, irrespective of the
colour, race or nationality of the person to whom it is applied.
c. Which is to that person's or that person's detriment because
he cannot comply with it.
Victimisation
This occurs when an employer treats any person less favourably
than others, simply because that persons threatens to bring proceedings
or to take any action or make any allegation against the employer
with reference to the Race Relations Act or Sex Discrimination Act.
Can I bring a Complaint to an Employment Tribunal?
Unlike unfair dismissal, there is no qualifying period of one
year's continuous service in race or sex discrimination claims.
Any claim for race or sex discrimination must be brought within
3 months of the last act of unlawful discrimination complained of.
How much Compensation can be awarded?
The Tribunal will endeavour to ensure that the employee is put,
as far as possible, into the position that s/he would have been
in had the act of discrimination not occurred. The amount of compensation
awarded may include a sum for injury to feelings brought about by
the employer's action.
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