Race Discrimination
The Race Relations Act 1976 (RRA) and the Amendment Regulations 2003 make it unlawful for employers to discriminate against you on the grounds of your race, nationality, ethnic or national origin. Under the RRA, discrimination can take various forms - direct and indirect discrimination, harassment and victimisation.
On 1st October 2010 the government introduced the Equality Act which made it unlawful for employers to discriminate against workers because of “protected characteristics”, race being one of the characteristics. We are currently producing an updated version of this factsheet, contact us to request updated information when it is available.
Direct Discrimination:
If an employer treats you less favourably than s/he treats or would treat others because of your racial or ethnic origin, this could be direct discrimination.
Indirect Discrimination:
This is where an employer applies an unnecessary requirement or condition. The requirement or condition is applied equally to different racial groups but your racial group cannot comply, or finds it more difficult to comply. Discrimination does not have to be intentional. It is still unlawful even where the treatment is unintentional.
Examples of indirect discrimination:
- A large department store insisted that its female workers wear a skirt and overall. Muslim women, having to cover their legs, could not comply with this condition. The judgment was made in favour of the Muslim women being allowed to wear trousers.
- A college wanted a teacher of English "whose mother tongue was English". This requirement meant that a well qualified Asian woman was turned down for the post. It was proved that this was indirect discrimination.
Other examples include word of mouth recruitment and culturally-biased aptitude tests.
Who does the Act apply to?
- You are covered by the RRA from the first day of employment. It does not matter if you are part-time, casual or temporary, the Act still covers you.
- The Act covers those who are self-employed, providing you are under a personal contract for services. People who are doing homework/outwork are covered in this category. Other examples are taxi drivers and driving instructors.
- All trainees and apprentices are covered by the Act.
- You are also covered when you are a job applicant.
Exceptions
Where being a member of a particular racial or ethnic group is a “genuine and determining requirement” for a job then an employer is allowed to treat that group differently. For example, employing Indian workers in an Indian restaurant. An employer must however be able to justify the occupational qualification or requirement.
Liability for Acts of Discrimination
Instruction/pressure to discriminate:
It is unlawful under the RRA to instruct or put pressure on someone to discriminate on the grounds of race.
Example:
- A Jobcentre is told by an employer that s/he does not want them to send Irish applicants for the vacancy that s/he is placing in the Jobcentre. The employer is illegally discriminating. If the Jobcentre agrees, they are also breaking the law.
Only the Equality and Human Rights Commission (EHRC) can take proceedings under this point. If you believe you have been discriminated against in this way then you should contact the EHRC on 08456 04 66 10, or visit the website www.equalityhumanrights.com
Aiding unlawful acts:
A person who knowingly aids or assists in an unlawful act (under the RRA) is treated as having themselves committed the act, so both parties would be liable.
Liability of employers:
An employer is responsible if one of her or his employees does something which is unlawful under the RRA. This is the case even if the employer did not know or did not approve of what the employee did. The employee is seen as having "aided" the employer, so both are responsible for acting unlawfully. The law also covers work related events such as conferences and social gatherings.
If you believe you are being discriminated against:
- You can send your employer a grievance letter; see our factsheet on Grievances for guidance on this. The rules about grievances changed on 6th April 2009 and you must take advice about which procedure to use otherwise you may not be able to make a complaint to the Employment Tribunal at a later date.
- You may decide to take your complaint to employment tribunal. See section ‘Taking your complaint to Employment Tribunal’.
Racial Harassment
The law defines harassment as “unwanted conduct with the purpose of violating the other person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment.”
The regulations make harassment unlawful. Racial harassment includes behaviour that is offensive, frightening or distressing. It can take different forms which can be obvious such as name calling: racist abuse, gestures and jokes; racist graffiti; physical attacks. It can also be more subtle and insidious such as being excluded from meetings, or not being spoken to. The perpetrator may not intend their behaviour to be malicious, but if it is upsetting to the recipient it may constitute harassment. This can be behaviour which, although not directly targeted at an individual causes offence. For example, a general culture which tolerates racist jokes can be offensive.
The regulations include a test of whether the offensive acts constitute harassment or not. The test is not how the individual involved views it, but rather how a reasonable person views it. The reasonable person test is determined by law and Employment Tribunal decisions.
What you can do if you are being harassed
- Keep a diary of incidents: date, time, what happened and who saw it.
- Ask the harasser to stop, with support from other workers if possible. If serious, report to management at this stage. If you are a union member, you should let them know what is happening to you. This may not be possible if for example the harasser is involved in the management or union structure.
- You can send your employer a grievance letter; see our factsheet on Grievances for guidance on this. The rules about grievances changed on 6th April 2009 and you must take advice about which procedure to use otherwise you may not be able to make a complaint to the Employment Tribunal at a later date.
Victimisation
This means that you are treated less favourably because you have taken action of any kind under the Act. This could include taking proceedings, giving evidence, alleging that discrimination has taken place, or supporting someone else in your workplace who has claimed discrimination.
Examples:
- You complain about racist practice at work and are then dismissed;
- You give evidence to support a worker who made a complaint of race discrimination and you were victimised as a result.
Again, you can send your employer a grievance letter; see our factsheet on Grievances for guidance on this. The rules about grievances changed on 6th April 2009 and you must take advice about which procedure to use otherwise you may not be able to make a complaint to the Employment Tribunal at a later date.
Taking your complaint to Employment Tribunal
There are strict time limits for making a complaint to the Employment Tribunal. These time limits are different, depending on whether your complaint arose before or after 6th April 2009. You must take advice about this quickly otherwise you may find that you are too late to make a complaint to Tribunal.
Getting Help
Besides ourselves there are other organisations that can help you:
Equality & Human Rights Commission advises on all types of discrimination; call on 08456 046610 or visit the website www.equalityhumanrights.com
Law Centres and Citizen Advice Bureaux (CAB): contact Community Legal Services (CLS) on 08456 081122 to find the nearest advice service to you.
CLS direct gives advice by telephone; call 08453 454345. or visit the website http://www.communitylegaladvice.org.uk/
Trade unions: If you are a member of a trade union, they should be able to help you. If you don't belong to a union, but would like information about which one would be best for you, ring North West TUC on 0151 236 5432.
Advisory, Conciliation and Arbitration Service (ACAS): ACAS provide information about employment issues on 08457 47 47 47
Northern Complainant Aid Fund: an independent organisation committed to eliminating racial discrimination and promoting racial equality. They provide FREE support, advice and representation. Telephone 01274 740 340.
This fact sheet is intended as a general guide and is not a full statement of the law. Please seek advice before taking any action.
If you need more information about pay and employment rights contact
Greater Manchester Pay and Employment Rights Advice Service
Phone: 0161 839 3888 Fax: 0161 839 3883
or
write to us at
4th Floor, Swan Buildings, 20 Swan Street, Manchester, M4 5JW
We provide telephone advice only and cannot see people face to face
or visit our website: www.gmemploymentrights.org.uk
Greater Manchester Pay and Employment Rights Advice Service is funded by AGMA and accredited by Community Legal Services
November 2010
