The Equalities and Human Rights Commission’s legal support scheme funded only 27 race discrimination cases during 2022/23, according to law firm GQ|Littler.
The law firm submitted a freedom of information request to the EHRC about the fund, which was launched in November 2021 to tackle race discrimination.
The Race Legal Support Fund is available to lawyers representing victims of racial discrimination. When it launched, the EHRC said it expected it to pay out £250,000 over the first two years, with a view to making more funding available in future years.
Race discrimination
White police officers overlooked for promotion win race claim
Philip Cameron, a partner at GQ|Littler, said that more companies could make the most of the scheme if it were better publicised.
“Although there are obvious benefits for litigants in receiving support for their claims, there are also benefits for employers when litigant employees are well-advised at an early stage,” he said.
“Legal advice is more likely to lead to a smooth progression of litigation or even a sensible informed approach to settlement discussions. There are many unrepresented employees in court right now who aren’t getting any proper legal advice. This can cause a serious headache for employers and their legal teams.”
An Equality and Human Rights Commission spokesperson said: “Our race discrimination fund has helped tackle race discrimination that would have otherwise gone unchallenged. It has supported a considerable number of claims, resulting in some successful outcomes for applicants through both employment tribunal judgments and negotiated settlements.
“We have supported high-profile claims against the Ministry of Defence, the Probation Service and a claim by an Irish Traveller family prevented from booking a venue for a christening. The fund has also resulted in organisations making positive changes to policies and practices.
“The race discrimination fund has been one of our biggest to date under our Legal Support Scheme. We committed to providing funding for at least two years, and as this time has now passed, we have closed the fund to new applications. We will continue to use our unique powers to take action against those who commit race discrimination.”
Lisa Coleman, a senior associate at the firm, said employees who aren’t familiar with the legal system could benefit from the support.
With delays in the tribunal process meaning many are waiting months for hearings, the support from the fund could mean “better access to justice for those involved”, she said.
Defendants with legal assistance may be more likely to make proper use of arbitration and negotiation instead of taking the case to trial, she added, which could benefit both claimants and employers.
Cameron added: “It’s important that legal support schemes like the one offered by the EHRC continue to support litigants in employment discrimination cases.
“Employers should welcome the potential benefits of legal support schemes such as this, as they often lead to faster and more satisfactory conclusions.”
EHRC’s fund for race discrimination is part of its wider Legal Support Scheme, which began in 2017 and has funded landmark cases on disability discrimination and identity-based discrimination.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
HR Consultant opportunities on Personnel Today
Browse more HR Consultant jobs
