Updating author: Tina McKevitt

On this page:
Summary
Future developments
Practical example
Action point checklist
Key references
Questions and answers
Who is protected?
Who is liable?
Discrimination after the working relationship has come to an end
Unlawful discrimination
Direct discrimination
Less favourable treatment
Racial grounds
Indirect discrimination
Direct or indirect discrimination?
Victimisation
Dress and appearance requirements
Genuine occupational qualifications
Racial harassment
Protection from Harassment Act 1997
Public authorities

Summary

6.423

• The Race Relations Act 1976 mostly protects employees from unlawful discrimination based on the grounds of their race or ethnic background. The term 'employee' in the Act has a much wider definition than that contained in other employment legislation. (See 6.425 Who is protected?)
• The employer's liability is not limited to its own actions. There are circumstances in which the employer will be liable for the acts of others. (See 6.426 Who is liable?)
• An employee may bring a claim for discrimination that takes place after the employment contract has ended if there is sufficient connection between the act and the employment relationship. (See 6.427 Discrimination after the working relationship has come to an end)
• Direct discrimination consists of two elements: less favourable treatment of the individual making the complaint, and the grounds of that treatment being a person's race or ethnicity. (See 6.429 Direct discrimination)
• Religious discrimination and cross-national preferences may amount to unlawful racial discrimination in certain circumstances. (See 6.431 Racial grounds)
• Indirect discrimination is where a provision, criterion or practice is applied equally to everyone but this disadvantages or would disadvantage people of a particular race or ethnic or national origin compared with people of a different racial group, and the employer cannot show the application of the provision, criterion or practice to be a proportionate means of achieving a legitimate aim. Indirect discrimination also occurs where a requirement or condition is applied that people of a particular colour or nationality will find more difficult to comply with than people not of that colour or nationality, which is to their detriment, and the employer cannot justify that requirement or condition. (See 6.432 Indirect discrimination)
• Victimisation is where someone is treated less favourably than others are or would be by reason that he or she has done, is intending to do, or is suspected of intending to do a 'protected act'. (See 6.434 Victimisation)
• A specific area of indirect race discrimination may arise where a particular racial or ethnic group cannot comply with an employer's unjustifiable dress or appearance policy, for example Sikhs and the wearing of turbans. (See 6.435 Dress and appearance requirements)
• Employers may lawfully discriminate on grounds of race in respect of certain jobs where being of a particular racial group is a genuine occupational qualification for the job. (See 6.436 Genuine occupational qualifications)
• There is now a specific provision prohibiting harassment on the grounds of race, or ethnic or national origin. Harassment on the grounds of colour or nationality can be a form of less favourable treatment by subjecting the person to a detriment. (See 6.437 Racial harassment)
• Under the Protection from Harassment Act 1997 an employer may be vicariously liable for a course of conduct by one of its employees that amounts to 'harassment'. (See 6.438 Protection from Harassment Act 1997)
• Public authorities have a general duty to eliminate racial discrimination and promote equality of opportunity between persons of different racial groups. (See 6.439 Public authorities)

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Future developments

6.424 Equality Bill: Existing discrimination legislation is to be consolidated into a single Equality Act in order to provide a simpler, more consistent legal framework for preventing discrimination.