Is it easy to bring a racial discrimination case?
No. Proving that racial discrimination has occurred is not easy. This is because: • the person claiming discrimination has to prove it ‘on the balance of probabilities’, although there are differences depending on what racial grounds are cited: • grounds of race of ethnic or national origins: if the person must establish the facts from which an employment tribunal can conclude that an act of racial discrimination or harassment on grounds of race or ethnic or national origins has occurred, the employer will have to prove that any difference in treatment was not due in any way to discrimination or harassment. If the explanation is inadequate or unsatisfactory, the tribunal must first find that unlawful discrimination has occurred; • grounds of colour or nationality: where the discrimination is on grounds of colour or nationality, if the person establishes facts from which an employment tribunal could conclude that he or she has suffered racial discrimination, the tribunal will ask the em
