How employers should handle a race discrimination complaint
As an employer, you should:
- take any complaint of race discrimination very seriously – this includes racial harassment and victimisation
- think very carefully about the way you handle a complaint, to make sure you do it fairly and sensitively and follow the right procedures
If you do not, the problem might be raised as a formal complaint later, or lead to an employment tribunal claim if it's not resolved.
Taking it seriously can:
- show you are working to make the workplace fair
- give staff confidence to raise an issue
- help stop and prevent unacceptable behaviour
- reduce the likelihood of legal action
Keep an open mind
When you're dealing with a race discrimination complaint, it's important to understand that:
- something that seems like nothing to you, or only a small thing, can feel very different to the person experiencing it
- it may be very hard for the person to talk about what's happened
- they may be worried about who to trust, whether their complaint will be ignored or if they'll be seen as a 'troublemaker'
- people can be affected by race discrimination in different ways
It's important that you:
- listen to what the person says
- leave any personal feelings you have to one side
- look at how it's made them feel or how it's affected them
- do not make any assumptions
- consider the person's specific circumstances
- look into the complaint thoroughly and fairly
How to approach a race discrimination complaint
As an employer or manager, you should take any complaint of race discrimination very seriously, and look into it as soon as possible. You must follow a full and fair procedure.
It's important to understand the different types of race discrimination so you know what your responsibilities are under discrimination law (Equality Act 2010).
A complaint or concern might come from:
- an employee or worker about something they've experienced
- an employee or worker who's witnessed unacceptable behaviour or treatment
- a trade union or employee representative on behalf of an employee or worker
You should look into the complaint in a way that's fair and sensitive to:
- the person who made the complaint
- anyone who witnessed it
- anyone accused of discrimination or harassment
You should keep the complaint as confidential as possible. People should only have appropriate information on a strictly need-to-know basis.
If the complaint has been made a long time after the incident took place, you should still take it seriously.
If it's a race hate crime
Racial harassment at work can sometimes be a crime. For example if someone is the victim of a race hate incident like:
- physical or verbal abuse
- threats of physical violence because of their race
- online abuse
- damage to their property
Supporting staff who've been affected
Race discrimination can be very distressing and in some cases have a severe impact on someone's mental health and wellbeing.
You should make sure that:
- reporting race discrimination is as easy as possible
- anyone who's experienced or witnessed it feels safe and protected
- anyone accused of race discrimination is treated in an impartial and fair way
- you talk to anyone affected privately and allow plenty of time
- you are aware of the impact this has had on the people involved
- you offer mental health support to staff, for example through an employee assistance programme (EAP) or trained mental health first aiders
- the person investigating the complaint is impartial and trained for the role
Help and support for employers
For more advice about your options, you can
Acas support for employers and managers includes: