Race 




Section 9, EA 10 says that “race” includes colour (for example, black or white); nationality (for example, British or French); and ethnic or national origins (for example, Roma or Irish travellers). This is not an exhaustive list.




A racial group can comprise one or more racial groups, for example, “black Britons” or “south Asians”. There can also be a group defined by exclusion, for instance, “non-British”. Sometimes a claimant may suffer race discrimination on multiple grounds. For instance, a Nigerian worker mistreated at work may suffer discrimination under each of the categories of colour, nationality, ethnicity or national origin. Similarly, in cases where a person’s ethnicity and religion or belief are closely interrelated, the individual may suffer both race and religion or belief discrimination. 




Immigration status is not the same as nationality under the EA 10, and mistreatment due to immigration status is not unfavourable treatment due to race, regardless of how vulnerable the worker is to mistreatment as a result of their immigration status (Taiwo v Olaigbe [2016] UKSC 31). 


Whether or not words or actions are racially discriminatory depends on context. There are no words that, when used, are always racially discriminatory regardless of context (Lindsay v London School of Economics [2013] EWCA Civ 1650).