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This section provides general information on employment law. If you have specific questions, you should seek legal advice from a lawyer or trade union.
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The information in this section of the Diversity Toolkit has been compiled Croner, an organisation providing information, advice and support in the areas of employment, health and safety and environmental compliance.
Race Discrimination
Summary
The Race Relations Act 1976 (RRA) contains provisions to prevent discrimination in employment, as well as in education, housing and the provisions of goods, facilities and services.
Under the provisions of the RRA, discrimination may be direct and indirect. Some claims can be pursued by the individual and some actions may only be brought by the Equality and Human Rights Commission.
There is no qualifying service necessary to make a complaint to a tribunal, and no limits on the compensatory award.
Questions and Answers
Question
We recently appointed an Asian woman as a receptionist. We have now received from an unsuccessful applicant a form entitled Race Relations (Questions and Replies) Order 1977 asking for information about all the candidates, how we shortlisted and decided on the successful applicant. What should we do?
Answer
If you have not yet received a Claim Form from a tribunal, you may do so shortly.
You are not obliged to reply to the Questionnaire but a tribunal may draw adverse inferences from your failure to do so. It is therefore advisable to reply to a Race Relations Act Questionnaire, provided that you maintain confidentiality in relation to the other job applicants' personal information.
Question
Our company has a strict rule that all male employees must be clean shaven. Are we discriminating?
Answer
A "no-beards" rule is indirectly discriminatory against Sikh men as they are required by their religion to have a beard. You do not mention, however, why the company has this rule. If it is part of a code on dress and personal appearance then a claim of unlawful indirect discrimination would probably succeed. It is hard to justify a rule against beards on grounds of hygiene as various items are available (eg "snoods") to safeguard hygiene standards in food handling. Some companies justify the rule on safety grounds, eg beards can endanger the seal necessary on divers' diving helmets. If you do not have adequate justification, however, you will need to review this particular requirement.
Question
How can I avoid any claims of race discrimination and yet comply with the provisions of the Immigration, Asylum and Nationality Act 2006?
Answer
If you treat all job applicants in exactly the same manner and ask all new recruits or all those attending for an interview to produce the specified documents and ensure that an explanation of the need to ask for this information is given, then you will be able to defend any claim of race discrimination.
Key Facts
- Direct discrimination occurs when a person is treated less favourably on the grounds of race than another person.
- Indirect discrimination occurs when a provision, criterion or practice is applied to everyone, but is of such a nature that it puts people from a particular racial group at a disadvantage, thus causing disadvantage to an individual, and where it cannot be justified as a proportionate means of achieving a legitimate aim.
- Individuals are protected from being victimised for bringing or assisting with a claim under the RRA.
- Individuals segregated from others, on racial grounds, may bring a claim of unlawful segregation.
