Including Colour, Nationality and Ethic or National Origins
It’s unlawful for an employer to discriminate against employees because of race, colour, nationality, ethnic or national origin.
There are four types of race discrimination.
Direct discrimination
Treating someone less favourably because of their actual or perceived race, or because of the race of someone with whom they associate. There is no defence to direct discrimination.
An example of this could be refusing to employ someone solely because they are a particular race.
Indirect discrimination
This can occur where there is a policy, practice or procedure which applies to all workers, but particularly disadvantages people of a particular race.
An example could be a requirement for all job applicants to have GCSE Maths and English: people educated in countries which don’t have GCSEs would be discriminated against if equivalent qualifications were not accepted.
Harassment
When unwanted conduct related to race has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.
An example being an employee who received derogatory remarks because he is married to a person of a different race.
Victimisation
Unfair treatment of an employee who has made or supported a complaint about racial discrimination.
For example being refused a promotion for supporting a colleague in a race discrimination case.
In very limited circumstances, there are some jobs which can require that the job-holder is of a particular racial group. This is known as an ‘occupational requirement’. One example is where the job-holder provides personal welfare services to a limited number of people and those services can most effectively be provided by a person of a particular racial group because of cultural needs and sensitivities.
Positive action is where an employer can provide support, training or encourage people from a particular racial group. An employer must ensure any positive action taken is a proportionate way of tackling the under representation of a particular racial group, without discriminating against people outside of that group.
Positive action is only allowed where a particular racial group:
- suffers a disadvantage
- is disproportionately under represented
- has needs that are different from the needs of other racial groups in the workforce.
Positive action is not the same as positive discrimination which can be regarded as preferential treatment of member of a minority group. This is illegal in the UK.
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