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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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How are employees protected from racial discrimination?

Are employers liable for any racial discrimination suffered by employees?

When may a claim of direct race discrimination be made?

Does the Equality Act 2010 outlaw associative discrimination?

Could an employee subjected to derogatory comments on the basis that he or she is Welsh have a potential claim under the Equality Act 2010?

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?

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

Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?

If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?

What are the elements that constitute a claim of indirect race discrimination?


In what circumstances might an employee make a claim of victimisation under the Equality Act 2010?

Under s.27 of the Equality Act 2010, victimisation occurs when a person (A) subjects another person (B) to a detriment because B has done a protected act or A believes that B has done, or may do, a protected act. There is no need for B to compare his or her treatment with someone who has not done a protected act.

The following are protected acts

  • bringing proceedings under the Equality Act 2010;
  • giving evidence or information in connection with proceedings under the Act;
  • doing any other thing for the purposes of or in connection with the Act; or
  • making an allegation (whether or not express) that A or another person has contravened the Act.

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Are there any circumstances in which an employer can insist on recruiting from a particular racial group?

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

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

What "positive action" is permitted under discrimination legislation?

Is there a legal requirement for employers to advertise every job vacancy that arises?

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

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?

How can an employer ensure that its application forms are not discriminatory?

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

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