05. Racial harassment

The law protects you against Racial harassment at work. Racial harassment at work is unwanted behaviour of a racial nature (not just racist abuse) by other employees which creates an intimidating, hostile or humiliating atmosphere.

If the person harassing you does not stop after you have asked them to, you should complain to your employer (unless they are the one harassing you). The Race Relations Act says that employers are responsible for any racial discrimination by their employees and clients.

Many employers treat racial harassment by their staff as a disciplinary offence, and they should discipline the person harassing you. If your employer does not do anything, you can take a claim against them to an employment tribunal, see 'Going to an employment tribunal' below for more information. You may also be able to take action against the person who is harassing you or your employer in court under the Protection from Harassment Act 1997.

In many cases, you could also consider a claim for:

• assault against the person harassing you; or
• negligence or breach of contract against your employer.

If you are attacked you should report it to the police. Under the Crime and Disorder Act 1998, harassment or assault which has a racist motive may carry a higher penalty for the person who has attacked you.