Tackling racism in the workplace: a guide for employers

The sight of one of the world’s best young footballers in tears after being subjected to racism at his place of work is another shocking reminder, if one was ever needed, for all employers to continue working to tackle the scourge discrimination.

Employees being subjected to work-related mistreatment as a direct result of their race remains a serious problem in different workplaces, in different sectors, right across the UK.

Real Madrid and Brazil winger Vinicius Jr says he feels ‘less and less’ like playing football because of the repeated racist abuse he has suffered.

Last season there were 10 such incidents against the 23-year-old reported to prosecutors by the Spanish football league.

During an emotional news conference, Vinicius made it clear he would not be forced to leave Real Madrid and Spain and let racism win[1] Cited 2.4.24

However, he said he was finding it ‘hard to move forward’ from the abuse.

Racism at all levels of football in the England has been a persistent and serious problem for many decades.

Black footballers have historically faced racism, including targeted abuse and discriminatory remarks.

While increased efforts have been made to combat racism, progress remains limited. Initiatives like the Premier League’s No Room For Racism Action Plan aim to create greater access to opportunities for Black, Asian, and other minority ethnic groups in football and eradicate racial prejudice [2] cited 2.2.24

As recently as Easter Monday (1 April)  Wycombe Wanderers confirmed defender Chris Forino reported a racist remark by a fan during the game against Blackpool [3] cited 2.4.24

The two League One football clubs released almost identical statements, which both condemned ‘all forms of discrimination’.

For players football stadiums remain a place of work where many go knowing that it they do their job badly, or even well, they face a real threat they will be abused because of the colour of their skin or place where they were born. But the problem is not just confined to football.

Based on research racism remains a real problem in workplaces. Various studies of the matter have revealed some shocking findings

The Trades Union Congress (TUC) conducted a study in 2022, which found that 41 per cent of Black and minority ethnic workers had faced racism at work in the previous five years [4] cited 2.4.24

Among those aged 25 to 34, this figure increased to 52 per cent, and for those aged 18 to 24, it was 58 per cent.

But four in five did not report the racism, for fear of it not being taken seriously or having a negative impact on their work life.

Race discrimination in the workplace is a serious issue that affects individuals, teams, and organisational culture.

As an employer, it is crucial to address racism head-on to create an inclusive and respectful environment for all employees.

Here we explore what racism is, the relevant laws, and practical steps to handle any complaints effectively.

What is race discrimination at work?

Race discrimination is when you are treated differently because of your race in one of the situations covered by the Equality Act 2010 [5] cited 2.4.24

The treatment could be a one-off action or as a result of a rule or policy based on race. It does not have to be intentional to be unlawful.

In the Equality Act, race can mean your colour, or your nationality (including your citizenship). For example, you may have Chinese national origins and be living in Britain with a British passport.

There are four main types of race discrimination:

• Direct discrimination - happens when someone treats you worse than another person in a similar situation because of your race

• Indirect discrimination - happens when an organisation has a particular policy or way of working that puts people of your racial group at a disadvantage.

• Harassment - occurs when someone makes you feel humiliated, offended or degraded.

• Victimisation - is when you are treated badly because you have made a complaint of race related discrimination under the Equality Act. It can also occur if you are supporting someone who has made a complaint of race related discrimination.

The legal position

The Equality Act 2010 makes all forms of discrimination unlawful and it legally protects employees from race discrimination at work.

The legislation covers all employers, regardless of the size of their workforce.

Most workers, including employees, agency workers, trainees, and those who are self-employed, have protection from race discrimination.

The Act covers direct and indirect discrimination, harassment, and victimisation related to race.

If an employee who is subjected to race discrimination at work makes a successful claim to an employment tribunal, the compensation awarded can be uncapped. It means that there is no statutory maximum, unlike in unfair dismissal claims.

In the annual employment tribunal award statistics published for 2022/2023, the highest award for a claim of race discrimination was £452,474 [6] cited 2.4.24

There are instances in which the work-related racism an employee is subjected to while performing their duties can amount to a criminal offence. The law recognises crimes based on race.

For example, if an employee is physically or verbally assaulted due to their race or ethnicity, it could be considered a hate crime and lead to criminal charges.

An Iranian-born motorist  was convicted for racial abuse after a heated exchange in which he called a parking warden ‘English’ [7] cited 2.4.24

The driver was sentenced to 100 hours of community work and ordered to pay £85 costs and a victim surcharge of £60.

It is important to note that racism at work is not automatically a criminal offence. While certain acts of racism can be considered hate crimes, the legal framework varies.

Handling Complaints

Employers should ensure that effective policies and procedures are in place to allow employees to report any allegations of race discrimination. Doing so should be made as easy as possible.

Any member of staff who has experienced or witnessed discrimination should feel safe, protected, and supported.

It is equally important to ensure any alleged perpetrator is treated impartially and fairly when an allegation is made against them and it is being investigated.

Ideally any complaints should be made as soon as possible, and employees should be encouraged and feel empowered to do so.

However, someone subjected to race discrimination can sometimes delay reporting it for any number of reasons e.g. fear and safety concerns or lack of trust that they will be believed.

Any delay, or perceived delay, in reporting such allegations should not detract from the seriousness of the mater, which should be considered and investigated.

Increased awareness and high profile examples of employers taking complaints seriously and acknowledging wrongdoing does mean victims may now come forward to report allegations that may be months or even years old.

Any complaint of discrimination should be investigated fairly and sensitively.

A thorough and fair investigation should be conducted, considering the views and responses of the complainant, witnesses, and the alleged wrongdoer. The process should be carried out in line with the ACAS Code of Practice guidance [8] 2.4.24

In summary

Speak with the affected employee, understand the issue and respect the emotional impact of racism on individuals.

Investigate without delay and follow any workplace complaints procedure.

Keep the complaint confidential and only disclose information to those who need to know e.g. management.

Have policies in place for employees to report racism, encourage staff to intervene if they witness it and create a culture where everyone feels responsible for addressing discrimination.

Tackling racism requires commitment from all employers. By understanding the law, handling complaints effectively, and promoting an inclusive workplace, you can create a better environment for all employees.