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Employment
Racial Discrimination
It's unlawful for an employer to discriminate against you because of your race. You're protected against racial discrimination at all stages of employment. Find out about your rights and what to do if you feel you're being discriminated against.
What is racial discrimination?
The 1976 Race Relations Act makes it unlawful for an employer to discriminate against you on racial grounds. Race includes:
- colour
- nationality
- ethnic or national origins
Under the Act, it doesn't matter if the discrimination is done on purpose or not. What counts is whether (as a result of an employer's actions) you're treated unfavourably because of your race.
The Race Relations Act protects all racial groups, regardless of their race, colour, nationality, religious beliefs, national or ethnic origins.
The different kinds of racial discrimination at work
The laws against racial discrimination at work cover every part of employment. This includes recruitment, terms and conditions, pay and benefits, status, training, promotion and transfer opportunities, right through to redundancy and dismissal.
The law allows a job to be restricted to people of a particular racial or ethnic group where there is a 'genuine occupational requirement'. An example is where a black actor is needed for a film or television programme.
There are four main kinds of discrimination:
- direct discrimination - deliberate discrimination (eg where a particular job is only open to people of a specific racial group)
- indirect discrimination - working practices, provisions or criteria that disadvantage members of any group (like introducing a dress code without good reason, which might discriminate against some ethnic groups)
- harassment - participating in, allowing or encouraging behaviour that offends someone or creates a hostile atmosphere (eg making racist jokes at work)
- victimisation - treating someone less favourably because they've complained or been involved in a complaint about racial discrimination (eg taking disciplinary action against someone for complaining about discrimination against themselves or another person)
Employers who don't stop discrimination, harassment and bullying by their employees may be breaking the law.
What is 'positive action'?
Positive action is where an employer provides support or encouragement to a particular racial group. It is only allowed where a specific racial group is badly under-represented among those doing particular work or filling particular posts in an employer's workforce.
The employer is allowed to provide special training to members of the racial group. They can also encourage members of the racial group to apply to do the work or fill the posts (for example, by saying that applications from them will be particularly welcome).
This does not mean that employers can discriminate in favour of the members of the group when it comes to choosing people to do the work or fill the posts, that is unlawful discrimination.
Positive action is not the same as 'positive discrimination', which is where members of a particular racial group are treated more favourably. Positive discrimination is unlawful.
What to do if you have problems
If you're being discriminated against at work
If you feel that another employee or a member of management other than your immediate boss is discriminating against you because of your race, talk to your immediate boss and explain your concerns. Your employee representative (such as a trade union official) - if you have one - may also be able to help.
If your line manager or supervisor is discriminating against you, you should talk to their boss or to the company's HR department.
Be clear in your mind about what you see as discrimination, and if necessary give examples in writing. Many employers have an equal opportunities policy, and you should ask to see a copy of this.
You should also talk to your employer if you're told to act in a way that you think discriminates - for example if you're told to treat someone differently because of their race, colour, nationality, ethnicity or national origins.
If your employer doesn't want to help, you may need to make a complaint using your employer's grievance procedure. You shouldn't be victimised for complaining as this would count as discrimination.
If you're still unhappy, you can make a claim of race discrimination to an Employment Tribunal. You could get in touch with the Equality and Human Rights Commission or your local Racial Equality Council, if there is one, for advice.
If you feel you were not offered a job because of your race
You can take your case to an Employment Tribunal. You may wish to take advice before doing this.
Where to get help
The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
Seek legal advice from a Solicitor or Advice Agency on contract conditions.
If you are a member of a trade union, you can get help, advice and support from them.
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