Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee alleging the discrimination. The UK landmark case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal’s finding of race discrimination led (after Abbey National’s refusal to comply with the Tribunal’s order to re-instate Mr Chagger to remedy its wrongdoing) to the record 2.8 million compensation order, serves to illustrate the burden of proof in race discrimination. Abbey National (being re-branded as Santander from 2010 and being part of the Banco Santander Group) employed Balbinder Chagger as one of its two Trading Risk Controllers, both managed by Nigel Hopkins. Mr Chagger was of Indian origin. He earned approximately 100,000 per year. Abbey National dismissed him in 2006, apparently for reasons of redundancy. The redundancy pool of selection was he and the other Trading Risk Controller, a white female.
The employee alleging the race discrimination must prove that his employer, on the balance of probabilities, discriminated against him on racial grounds. On the balance of probabilities means that the alleger needs to prove that it is more likely than not that the employer treated him differently on the grounds of his race; the alleger does not need to prove with absolute certainty that the employer discriminated.