Race Discrimination at Work: What Counts and What You Can Do
What the Equality Act 2010 means by race, the four types of discrimination, your time limits, and where to get free help.
← Back to Blog · Employment · Published 9 October 2026 · Directed and published by Matt Thompson, founder of UK Work Rights
This is free rights guidance, not legal advice. Statutory figures here are checked against a primary source and dated — see our Editorial & Verification Policy. For advice specific to your situation, see our About page or contact Citizens Advice.
October is Black History Month in the UK. It is a good moment to be clear about something a lot of people are unsure of: what the law actually counts as race discrimination at work, and what you can do if it happens to you.
In England, Wales and Scotland the law is the Equality Act 2010. Northern Ireland has its own race law, so if you work there, see the Northern Ireland section near the end.
What counts as "race" in the law
Race is one of the "protected characteristics" in the Equality Act 2010. It includes three things:
🎨 Colour, for example being Black or white.
🛂 Nationality, for example being a British, Australian or Swiss citizen.
🌍 Ethnic or national origins, for example being from a Roma background or of Chinese heritage.
The protection covers the whole of working life, including recruitment, pay and benefits, terms and conditions, training, promotion and transfer, redundancy and dismissal.
The four types of race discrimination
Discrimination does not have to be open or deliberate. The law recognises four forms of it:
1️⃣ Direct discrimination: being treated less favourably than others because of your race.
2️⃣ Indirect discrimination: a rule or arrangement that applies to everyone, but puts people of your race at an unfair disadvantage. An employer can sometimes show that a rule like this is justified.
3️⃣ Harassment: unwanted behaviour linked to race that violates your dignity or creates an offensive environment for you.
4️⃣ Victimisation: being treated unfairly because you have complained about discrimination or harassment.
Victimisation is worth knowing about. Being treated badly because you complained is one of the four forms in its own right, so speaking up is protected too.
What you can do
Write it down. Keep a note of what happened, the date, who was there, and save any messages or emails. Dates matter, because your time limit runs from them.
Raise it with your employer. You can raise it informally first, for example with your line manager, or make a formal complaint in writing (a grievance). Our free discrimination grievance letter helps you set it out clearly. For other workplace complaints there is a formal grievance letter.
Notify Acas if it is not sorted out. Before you can make most employment tribunal claims, you must notify Acas to start early conciliation. It is free. Acas talks to you and your employer separately to try to settle it without a tribunal.
Time limits
⏰ A tribunal claim must normally be made within 3 months less 1 day of the act you are complaining about, or 6 months less 1 day where that act (or the last act in a series) happened on or after 1 October 2026.
⏸️ Notify Acas within your time limit. The clock is paused while early conciliation runs, but only if you notify Acas in time.
📋 A grievance does not stop the clock. Going through your employer's grievance or appeal process does not change your time limit.
⚖️ A tribunal can accept a late discrimination claim if it thinks that is just and equitable, but this is never guaranteed.
Your exact date depends on your facts. The free tribunal deadline checker works it out.
Where to get free help
Acas: 0300 123 1100 (Monday to Friday, 8am to 6pm). Free advice on employment rights, and early conciliation.
Equality Advisory and Support Service (EASS): 0808 800 0082 (Monday to Friday 9am to 7pm, Saturday 10am to 2pm). Free advice on discrimination for people in England, Wales and Scotland.
The Equality and Human Rights Commission enforces the Equality Act against organisations, but it cannot advise you on your own case. That is what EASS is for.
Free advice is also available from Citizens Advice, and from your trade union if you have one.
Working in Northern Ireland
The Equality Act 2010 does not cover race discrimination there. Northern Ireland has its own race law.
Before most tribunal claims you notify the Labour Relations Agency (LRA) for early conciliation: 03300 555 300. Claims go to an industrial tribunal.
Most claims, including discrimination, must be made within 3 months less 1 day. The October 2026 change to 6 months does not apply in Northern Ireland.
Free advice: the Equality Commission for Northern Ireland, 028 9050 0600.
Not sure where you stand? Our free Employee Rights Checker takes you through your rights at work in plain English. No login, no charge.
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