Understanding Hate Crime at Work under the Crime and Disorder Act 1998
This explainer focuses on racially or religiously aggravated bullying and harassment under the Crime and Disorder Act 1998. For more general guidance on workplace harassment, see our related resources:
• [The Worker Protection Act and the Duty to Prevent Harassment]
• [Tackling Abusive Messages: Legal Responsibilities in the Screen Industries]
• [From Emails to Internal Chat: Applying the Communications Act 2003 to Workplace Harassment]
Racially or religiously aggravated bullying and harassment can have devastating effects, not just on the person targeted, but on the wider workplace culture. In the screen industries, where collaboration, creativity, and trust are essential, even a single incident can disrupt teams, damage morale, and exclude talented individuals from future opportunities.
The Crime and Disorder Act 1998 recognises the serious harm caused by hate-based hostility. It introduces specific criminal offences where behaviour is motivated by or demonstrates hostility based on someone’s race or religion. These offences carry higher penalties than equivalent non-aggravated offences, sending a clear message that such conduct will not be tolerated.
Being able to recognise when bullying or harassment crosses the line into criminal behaviour is critical for all businesses, especially in sectors like film, television, games, and production, where freelancers, short-term teams, and informal hierarchies are common. Victims may not feel safe or confident enough to raise concerns unless businesses take a clear, informed, and proactive stance.
Importantly, tackling hate-based abuse is not only a legal obligation, it’s also a step towards creating a screen sector that is truly inclusive, fair, and open to all. When people of every background can work without fear of harassment or prejudice, the industry benefits from diverse voices, stronger teams, and greater innovation.
Whether you're a business hiring on a project-by-project basis or running a long-term production house, your response to these issues shapes your workplace culture, and your legal risk. Understanding how the law applies is the first step towards making your workplace a safe, respectful, and equal space for everyone.
Under section 28 of the Crime and Disorder Act 1998, an offence is racially or religiously aggravated if either:
The offender demonstrates hostility based on the victim’s actual or presumed race or religion at the time of the offence, or
The offence is wholly or partly motivated by such hostility
This includes presumed membership, meaning the law applies even if the offender is mistaken about someone’s identity. It also doesn’t matter if there are other motives involved; racial or religious hostility is enough to aggravate the offence.
The Act creates aggravated versions of specific existing offences. These include:
1. Assault
Includes common assault, actual bodily harm (ABH), grievous bodily harm (GBH), and strangulation
Maximum penalty: up to 7 years in prison
2. Criminal Damage
Damaging property belonging to another person
Maximum penalty: up to 14 years in prison
3. Public Order Offences
Causing fear or provocation of violence
Intentional harassment, alarm, or distress
Maximum penalty: up to 2 years in prison
4. Harassment and Stalking
Under the Protection from Harassment Act 1997
Includes putting people in fear of violence or causing serious alarm or distress
Maximum penalty: up to 14 years in prison
The screen industries often involve:
Temporary and freelance work
Large, multi-disciplinary teams
Informal or ad hoc reporting structures
This environment can allow racial or religious abuse to go unreported or unchallenged. Businesses and their staff need to understand that such conduct may not only be discriminatory, but it may also be a serious criminal offence.
According to ACAS, if someone experiences a hate crime at work:
Talk sensitively with them about their experience or designate a trusted member of staff that can manage the situation appropriately
Encourage them to report the incident to the police, but respect their decision
Support them through internal procedures and offer wellbeing resources
Consider reporting it yourself if there's an ongoing safety risk
If police are involved, internal processes such as grievances or disciplinaries may need to pause, but businesses can still take action, even without a criminal conviction, based on internal standards and evidence.
999 for emergencies
101 for non-emergencies
True Vision to report hate crime online
Third-party reporting centres (for individuals who don’t want to speak to police directly)
Racially or religiously aggravated harassment is not just misconduct, it’s potentially a criminal offence with severe legal consequences.
Screen industry businesses must:
Take reports seriously
Provide a clear reporting route
Take action and seek advice where needed
Promoting a safe, respectful, and inclusive environment is not just good practice, it’s a legal necessity.