The weight of representation

d&i Leaders Equality Law Update

By Rupa Mooker on 1 September 2026

For many global majority colleagues, just being present in a professional environment carries an invisible weight. The expectation to prove oneself twice over, to represent an entire community, to educate colleagues on matters of race, all whilst navigating micro-aggressions and double standards are unfortunately realities that persist in workplaces across the country. For those who find themselves the “only one” of their ethnicity in an organisation, or who have been appointed to high profile roles, the scrutiny can be relentless.

In the current climate, where appointments of people from minority backgrounds are sometimes dismissively attributed to a so-called “woke agenda,” or incorrectly labelled “positive discrimination”, the professional standing and legitimacy of global majority colleagues is routinely undermined. It’s not simply a matter of workplace culture but engages serious legal obligations under the Equality Act 2010, and organisations that fail to act, do so at considerable risk.

The cost of being a trailblazer

The recent death of Professor Jason Arday, a distinguished Black British academic and the youngest Black person to be appointed to a professorship at Cambridge, has prompted a necessary and painful reckoning across professional and academic institutions. Reports surrounding his death point to significant professional and institutional pressures that he faced throughout his career.
Without speculating on the circumstances of his passing, the broader lessons are clear. When an individual carries the weight of being a “first” or an “only,” the psychological burden is immense. The expectation to be a role model and a spokesperson, as well as a symbol of progress, all whilst navigating institutional resistance, creates pressures that employers and organisations have a duty to recognise and actively mitigate.

Double standards?

Research consistently demonstrates that ethnically diverse employees face higher standards of scrutiny than their white counterparts. Such individuals are more likely to have their qualifications questioned, authority challenged, and competence doubted. When we succeed, our achievements may be attributed to “diversity initiatives” rather than merit. When we struggle, it is taken as confirmation of a deficit narrative.

This is then further compounded by the phenomenon of tokenism. Global majority employees are expected, often implicitly, to represent their entire racial or ethnic group. They become the “go to” person for all diversity matters. By way of one example, I was once personally asked to educate a white colleague about the Muslim festivals of Ramadan and Eid. I am a Sikh and don’t celebrate either of those festivals. When I pointed this out to my colleague, the response was “I just thought you’re more likely to know about these things than me.” Well, yes, I am. But not because I’m brown – it’s because I actively choose to learn and educate myself about other faiths, cultures, religions, traditions etc. I politely reminded them that the internet existed where there is lots of freely available information which they could perhaps use to make a start with some learning…

Ethnically diverse colleagues are placed on panels and committees to demonstrate organisational commitment, as well as bear the emotional labour of educating colleagues about racism. This unpaid, (and mostly unrecognised) work takes a significant toll on wellbeing as well as career progression and professional fulfilment.

Micro-aggressions can also accumulate over time and contribute to a hostile working environment. Being asked “where are you really from?”, having one’s name repeatedly mispronounced without correction, being mistaken for another colleague of the same ethnicity – these experiences are not trivial. They erode psychological safety and signal that an individual does not truly belong.

What the law requires

Race is a protected characteristic under the Equality Act 2010. Employers are prohibited from subjecting employees to direct discrimination, indirect discrimination, harassment related to race, and victimisation. Crucially, harassment encompasses unwanted conduct that has the purpose or effect of violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating, or offensive environment.

Behaviours such as micro-aggressions, tokenistic practices and dismissing appointments as “woke” are all capable of amounting to racial harassment, or of contributing to a claim of constructive dismissal where a pattern of conduct makes the working environment intolerable.

Employers are also vicariously liable for discriminatory acts committed by their employees in the course of employment. The only defence is to demonstrate that the employer took “all reasonable steps” to prevent the discrimination. Policies gathering dust in a shared drive will not suffice. Employers must show active, ongoing engagement with anti-discrimination measures such as regular training, clear reporting mechanisms, quick investigation of complaints, and importantly, demonstrable consequences for perpetrators.

What might institutional racism look like?

Institutional racism isn’t always overt. It shows up in recruitment processes that consistently favour certain backgrounds, promotion criteria that reward behaviours associated with dominant cultural norms, organisational cultures in which global majority employees must constantly code-switch or suppress aspects of their identity. It is present where complaints of racism are minimised, where “cultural fit” is used as a proxy for racial homogeneity, and where the psychological safety of ethnically diverse employees is treated as secondary to institutional comfort.

Practical steps

Businesses and organisations who wish to move beyond mere compliance and towards genuine inclusion should consider the following:

Audit workplace culture honestly – this can include commissioning independent reviews of race equity, listening to the lived experiences of global majority colleagues (as well as potentially service users or clients), and then acting on the findings.
Redistribute the burden – fund dedicated roles and external expertise instead of expecting the same colleagues to lead every diversity initiative or educate everyone, usually on top of their day job.
Invest in meaningful training – have ongoing and evidence-based anti-racism training which is embedded in organisational development and isn’t just a one-off “tick box” exercise.
Establish robust reporting and accountability mechanisms – if a complaint is raised, take it seriously and investigate it promptly. Importantly, ensure there are real consequences for discriminatory conduct and follow those through.
Create genuine psychological safety – colleagues must feel safe enough to raise concerns or challenge decisions. They should be able to be their authentic selves without fear of reprisal or being labelled “difficult.”
Proactively review the “reasonable steps” defence – do not wait for an employment tribunal claim to ask whether your organisation could demonstrate that it took all reasonable steps. Conduct that assessment now.
Support and protect trailblazers – where individuals are the first or only person of their background in a senior role, provide active support, sponsorship, mentoring, and protect them from disproportionate scrutiny. Recognise the additional pressures they may be under and resource accordingly.

Compliance with the Equality Act 2010 is the minimum standard that should be adhered to and should not to be viewed as something which is aspirational. There are both legal obligations and moral responsibilities to ensure that global majority colleagues are not subjected to disproportionate expectations, unfair scrutiny or mental load, or the corrosive effects of institutional racism.

If there is one thing that we can learn from the lessons from the countless ethnically diverse professionals who navigate these pressures daily, it is that it’s time for organisations to move beyond rhetoric. The days of appointing candidates from diverse backgrounds and then leaving them unsupported in hostile environments should be behind us. True inclusion demands sustained, structural commitment to accountability and care.

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* This article is for general information purposes and does not constitute legal advice. Specific legal guidance should always be sought on individual circumstances.

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