What Will Happen in My Race Discrimination Case? Data from 1,276 Claims
This article applies to England, Wales and Scotland.
Important: This guide provides information about UK employment law. It is not legal advice. Every situation is different. If you are dealing with a workplace dispute, consider speaking to a solicitor for advice specific to your circumstances.
In brief: Race discrimination claims rose 60% year-on-year to 1,276 complaints in Q2 2025/26. Of disposed claims, 31% settled through ACAS conciliation, 1% succeeded at a full hearing, and 96% were resolved without ever reaching a hearing. The average case takes 33 weeks to clear, five weeks longer than the all-claims average, and the backlog grew 281% to 4,175 open cases.
Last updated: February 2026
If you believe you have been treated unfairly at work because of your race, ethnic origin, colour, or nationality, the number of people bringing similar claims has grown sharply. Race discrimination complaints increased 60% in the past year, and the data from those cases can help you understand what the process looks like and where things typically end up.
The figures in this article come from the Ministry of Justice's Employment Tribunal Statistics (Reform system data), covering Q2 2024/25 through Q2 2025/26. Race discrimination is defined under the Equality Act 2010 and covers direct discrimination, indirect discrimination, harassment, and victimisation related to race (which includes colour, nationality, ethnic origin, and national origin).
How many people are in your position?
Race discrimination is the seventh most common tribunal complaint. In Q2 2025/26 (July to September 2025), 1,276 complaints were filed, representing 14% of all single claims.
| Quarter | Race discrimination complaints | Share of all claims |
|---|---|---|
| Q2 2024/25 (Jul-Sep 2024) | 798 | 14% |
| Q3 2024/25 (Oct-Dec 2024) | 876 | 14% |
| Q4 2024/25 (Jan-Mar 2025) | 1,002 | 13% |
| Q1 2025/26 (Apr-Jun 2025) | 1,125 | 13% |
| Q2 2025/26 (Jul-Sep 2025) | 1,276 | 14% |
That is a 60% increase compared to Q2 2024/25, when 798 complaints were filed. Growth has been consistent across all five quarters. The share of total claims has remained stable at around 14%, as other claim types have grown at similar or faster rates.
Race discrimination claims are almost always filed alongside other complaints. Common pairings include unfair dismissal (where the dismissal is alleged to be connected to the claimant's race), harassment, and victimisation (where the claimant was treated poorly after raising a complaint about racial discrimination). Many claimants bring claims under multiple heads of the Equality Act 2010 if they believe they were discriminated against on more than one ground.
How will your case most likely end?
The tribunal disposed of 428 race discrimination complaints in Q2 2025/26. Here is how they were resolved:
| Outcome | Percentage | What it means |
|---|---|---|
| ACAS conciliated settlement | 31% | Settled through ACAS before hearing |
| Withdrawn or dismissed | 56% | Claim withdrawn by claimant or dismissed by tribunal |
| Struck out | 4% | Tribunal removed the claim |
| Unsuccessful at hearing | 3% | Went to full hearing, employer won |
| Successful at hearing | 1% | Went to full hearing, claimant won |
| Default judgment | 1% | Employer failed to respond, claimant won by default |
| Other | 4% | Includes various procedural outcomes |
The key figures: if you imagine 100 race discrimination claims filed today, around 31 would settle through ACAS, 1 would win at a full hearing, and 96 would be resolved without ever reaching a hearing. Only around 4 in every 100 claims go to a contested hearing.
The 1% hearing success rate is low, but the same pattern applies across all discrimination types. Race discrimination cases that go to a full hearing tend to be the most contested, with both sides committed to their position. The stronger cases settle before hearing, which is reflected in the 31% ACAS settlement rate.
How long will it take?
Race discrimination cases are among the slowest to resolve:
| Percentile | Race discrimination | All claims |
|---|---|---|
| 25th (fastest quarter) | 19 weeks | 14 weeks |
| Median (middle case) | 32 weeks | 25 weeks |
| 75th (slower cases) | 46 weeks | 40 weeks |
| Mean (average) | 33 weeks | 28 weeks |
The average race discrimination case takes 33 weeks, five weeks longer than the all-claims average of 28 weeks. The 25th percentile is 19 weeks, notably slower than the 14-week all-claims figure. One in four cases takes 46 weeks or more.
Race discrimination cases take longer for several reasons. They typically involve complex evidence about patterns of behaviour, comparator analysis (how others of a different race were treated in similar circumstances), and often multiple incidents over an extended period. They are more likely to require multi-day hearings and tend to generate larger volumes of documentation.
For a full comparison of timelines across all claim types, see our waiting times analysis.
The backlog: what is waiting ahead of you
The open caseload for race discrimination stands at 4,175 complaints as of Q2 2025/26, up from 1,096 a year earlier. That is a 281% increase in twelve months, the second fastest backlog growth of any claim type after whistleblowing (298%).
| Period | Open race discrimination cases | Total open caseload | Share of backlog |
|---|---|---|---|
| Q2 2024/25 | 1,096 | 7,571 | 14% |
| Q2 2025/26 | 4,175 | 25,267 | 17% |
Race discrimination's share of the total backlog grew from 14% to 17%. The combination of rising receipts (60% YoY) and longer-than-average clearance times (33 weeks) means the backlog is growing faster than the overall tribunal backlog.
What this means for you
The data highlights several practical considerations if you are pursuing or thinking about a race discrimination claim.
Settlement is your most likely path to resolution. At 31%, the ACAS settlement rate for race discrimination is strong, comparable to other discrimination claims (pregnancy 41%, disability 35%, sex 32%). Employers are often motivated to settle race discrimination claims to avoid the reputational risk and management time involved in defending a claim at a public hearing. Going into ACAS early conciliation with a clear account of what happened, who was involved, and what impact it had on you can strengthen your negotiating position.
Winning at a hearing is difficult but the low rate reflects case dynamics, not case quality. Only 1% of race discrimination claims succeed at a full hearing. As with other discrimination types, this reflects the fact that the strongest cases tend to settle before reaching that point. Discrimination cases are inherently harder to prove at a contested hearing because they often rely on drawing inferences from a pattern of conduct, rather than a single clear-cut event. Circumstantial evidence, including comparators and the timing of events, is often central.
Expect a longer timeline. At 33 weeks mean clearance, race discrimination cases take five weeks longer than average. The 25% of cases cleared within 19 weeks are typically those that settle early through ACAS. If your case proceeds to a full hearing, a timeline closer to the 75th percentile (46 weeks) is more realistic. Building in realistic expectations from the start can help you plan financially and emotionally.
Evidence gathering is critical and time-sensitive. Race discrimination cases turn on evidence of differential treatment. Keep records of incidents, including dates, what was said or done, who was present, and any communications. If comparators are relevant (how colleagues of a different race were treated in similar situations), note specific examples. Witnesses move on and memories fade, so starting this process early matters.
Time limits still apply. You need to start ACAS early conciliation within three months minus one day of the discriminatory act (or the last in a continuing course of conduct). The backlog does not extend your filing deadline. Once the Employment Rights Act 2025 changes take effect (expected October 2026), this may extend to six months.
For race discrimination cases, which involve some of the most complex evidence and legal arguments in employment law, you may want to speak with a solicitor who specialises in discrimination claims.
For guidance on your specific situation, including eligibility and next steps, try our free assessment. Learn more about our claims packages, or create a free account to get started.
Frequently Asked Questions
How many race discrimination claims are filed each year?
In Q2 2025/26, 1,276 race discrimination complaints were filed in a single quarter, up 60% on the same quarter the previous year. Race discrimination accounts for around 14% of all tribunal claims.
What percentage of race discrimination claims succeed?
Around 1% succeed at a full tribunal hearing, but 31% settle through ACAS conciliation. In total, 96% of race discrimination claims are resolved without ever reaching a hearing.
How long does a race discrimination case take?
The average is 33 weeks from filing to resolution, five weeks longer than the all-claims average. The fastest 25% of cases clear within 19 weeks, while 25% take 46 weeks or more. The longer timelines reflect the complexity of evidence typically involved.
What counts as race discrimination under the Equality Act 2010?
Race discrimination covers unfavourable treatment because of race, which the Equality Act defines as including colour, nationality, ethnic origin, and national origin. It covers direct discrimination (treating someone less favourably), indirect discrimination (applying a rule that disadvantages people of a particular race), harassment, and victimisation (penalising someone for raising a race discrimination complaint).
Why is the hearing success rate so low for race discrimination?
Race discrimination cases are complex to litigate, often relying on inference and comparator evidence rather than direct proof. Strong cases tend to settle before hearing (note the 31% ACAS settlement rate). Cases that reach a full hearing are typically the most contested, with genuinely disputed facts about whether discrimination occurred.
Sources
- "Employment Tribunal Statistics, Tables ET_1_R, ET_2_R, ET_4_R, T_3", Ministry of Justice / HM Courts & Tribunals Service, 2025 - https://www.gov.uk/government/collections/tribunals-statistics
- "Tribunal Statistics Quarterly: January to March 2025", Ministry of Justice, 2025 - https://www.gov.uk/government/statistics/tribunals-statistics-quarterly-january-to-march-2025/tribunal-statistics-quarterly-january-to-march-2025
- Equality Act 2010 - https://www.legislation.gov.uk/ukpga/2010/15/contents
- "Race discrimination", ACAS - https://www.acas.org.uk/race-discrimination