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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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Click to hide the answerHow are employees protected from racial discrimination?

The Race Relations Act 1976 protects employees from unlawful discrimination on the grounds of their race or ethnic background. However, the term "employee" in the Act has a much wider definition than that contained in other employment legislation, and includes the self-employed and contract workers.

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Click to show the answer Are employers liable for any racial discrimination suffered by employees?

Click to show the answer When may a claim of direct race discrimination be made?

Click to show the answer Could an employee subjected to derogatory comments on the basis that he or she is Welsh have a potential claim under the Race Relations Act 1976?

Click to show the answer Can an employer defend itself against accusations of racial discrimination on the grounds that it needed to impose particular conditions that were interpreted as discrimination?

Click to show the answer If a white employee makes racist comments in the presence of other white employees only, could this be regarded as racial harassment?

Click to show the answer What are the elements that constitute a claim of indirect race discrimination?

Click to show the answer In what circumstances might an employee make a claim of victimisation under the Race Relations Act 1976?

Click to show the answer Are there any circumstances in which an employer can insist on recruiting from a particular racial group?

Click to show the answer Could an employer that refused to employ call centre staff with regional accents leave itself open to a claim of discrimination?

Click to show the answer Is it lawful to ask a job applicant if he or she requires permission to work in the UK?

Click to show the answer What "positive action" is permitted under discrimination legislation?

Click to show the answer Is there a legal requirement for employers to advertise every job vacancy that arises?

Click to show the answer How are employees protected from dismissal on the grounds of race discrimination?

Click to show the answer In what circumstances could an employer's requirements and conditions of the job lead to claims of discrimination?

Click to show the answer In specifying the requirements for a job, what steps can an employer take to ensure that it is not liable to claims of indirect discrimination?

Click to show the answer How can an employer ensure that its application forms are not discriminatory?

Click to show the answer How can an employer ensure that line managers draw up a shortlist for a position without unlawfully discriminating against applicants?

Click to show the answer Can an employer be held liable if an unsuccessful applicant provides evidence that he or she may have been discriminated against during an interview?

Click to show the answer Does an unsuccessful job applicant require concrete evidence to prove that he or she was discriminated against?

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