Defending Race Discrimination Tribunal Claims

Realistic advice and robust representation from an experienced employment law solicitor

“Carl helped us swiftly navigate through potentially choppy waters. I commend his services most highly.”

David Sanderson
CEO,The Rank Foundation

Are you facing an employment tribunal race discrimination claim?

Perhaps an employee has raised a grievance. They’ve accused a couple of colleagues of belittling them and making derogatory remarks. You’re concerned that an employment tribunal claim might be just around the corner. 

Perhaps ACAS have recently been in touch. An unsuccessful job applicant is alleging they weren’t offered an interview because of their foreign-sounding name. A race discrimination tribunal claim is almost certain to follow.

Or perhaps you’ve already received an employment tribunal claim form. An ex-employee has alleged not only that their dismissal was unfair but that it was also racially motivated. Their lawyers are seeking substantial compensation for loss of earnings and injury to feelings.

Whatever your circumstances, you’re here because you realise what’s at stake for your company. What’s potentially at stake for you personally.

You’re here because you need expert advice from an experienced employment law solicitor.

“Carl has an exceptionally good understanding of the law but his experience goes much further than that. He is a commercially focused lawyer that has shown his ability time and time again.”

Sarah Merwood
Head of HR, Nestlé

Avoiding Reputational Damage

Allegations of discrimination can be highly damaging to your business – and your reputation. Perhaps none more so than race discrimination or racial harassment and victimisation complaints.

No employer wants a judgment from an employment tribunal publishing a finding – or a series of findings – that they have prejudicially treated an employee or job applicant because of their race, nationality or ethnic origins.

No employer wants to be castigated in the press or on social media for degrading, derogatory or dehumanising attitudes or behaviour.

No employer wants the stigma of being labelled a racist organisation. 

Sharpening Your Defence

But the truth is any company can find themselves defending a race discrimination tribunal claim – no matter what your policies on bullying and harassment or equality, diversity and inclusion say. 

And no matter how much time you have dedicated to training your staff on anti-racism, equal opportunities or unconscious bias.

That can be very upsetting. It can be emotionally draining. 

It can be difficult to focus. To approach matters calmly and rationally, as you would your normal day-to-day business activities. To avoid letting the ongoing litigation dominate your thoughts – sapping you of energy and robbing you of sleep.

But focus you must. 

Because without a well-prepared defence you are at risk of a race discrimination complaint becoming a race discrimination judgment. At risk of an order to pay thousands of pounds in compensation. At risk of having to pay the claimant’s legal costs.

You need a steady hand on the tiller. Someone who can help you see the wood from the trees. Who can fight your corner but will always give you pragmatic, commercially focused advice.

That’s where I come in.

“Carl’s particular knowledge of Employment Tribunal matters and the process by which their findings and thought processes are often arrived at were invaluable.”

Stuart Price
Chief People Officer, Zenith Vehicles

Specialist at handling race discrimination complaints

For nearly 30 years, I’ve been advising employers and helping companies successfully defend complaints of race discrimination, harassment and victimisation. 

I can help you present your case in the best possible way, minimising the risk of reputational damage and the potential for you to be ordered to pay compensation.

Here are some of the things I will bring to your race discrimination defence.

“I greatly appreciate the timely and helpful advice, delivered with an experienced, personal touch and with no confusion as to fees or cost.”

David Sanderson
CEO, The Rank Foundation

Realistic advice on your discrimination defence

Defending race discrimination tribunal claims is rarely straightforward. 

The law is highly technical, with a reverse burden of proof that’s designed to make it easier for claimants to establish their claims.

How?

Under the Equality Act 2010, a claimant can succeed with their race discrimination claim if they can prove facts from which, in the absence of a reasonable explanation, a tribunal could conclude that discrimination has occurred. It then falls on a respondent employer to prove that race discrimination has not in fact occurred. 

Why? 

Because race discrimination cases can be tricky to make out. And it’s rare to find direct evidence of overt discrimination. 

Tribunals know this. 

Which is why they scrutinise very carefully the evidence that’s presented to them – and are likely to notice any glaring gaps in that evidence.

Which is why it’s important you obtain realistic advice on the strength of your defence. At the earliest possible stage. From an experienced and savvy solicitor.

“He is very good at getting to the heart of an issue and working to get the case to a resolution.”

Sarah Merwood
Head of HR, Nestlé

Book a free appointment today

Looking for some expert help with your race discrimination defence?

For a free, no-obligation discussion of your case: