Race discrimination

Ashok Kanani Editor's message: The subject of dress and appearance requirements often prompts discussion about the risk of race discrimination as certain ethnic groups are subject to strict cultural requirements. Employers that insist on dress rules that contradict the cultural conventions of such groups may be discriminating indirectly against those employees seeking to comply with them.

However, indirect race discrimination, as with any other type of indirect discrimination, can be justified if an employer can show that the application of the provision, criterion or practice creating the indirect discrimination (in this context, the dress rules) is a proportionate way of a achieving a legitimate aim. See Employment law manual > Equality and human rights > Race discrimination > Indirect discrimination for guidance on this issue.

Ashok Kanani, employment law editor

Latest items in Race discrimination

  • Date:
    26 September 2016
    Type:
    Legal guidance

    Ex-England and Spurs footballer Paul Gascoigne has pleaded guilty to racially aggravated abuse over a "joke" he made to a black security guard. The court fined Gascoigne and ordered him to pay £1,000 in compensation. Fiona Cuming rounds up five employment law cases involving racism in the workplace.

  • When dress codes and English language requirements discriminate

    Date:
    19 September 2016
    Type:
    Editor's choice

    A strict requirement to speak only English at work or a ban on religious dress at work can lead to the risk of race or religious discrimination, explains Deborah Bulman of Burges Salmon LLP.

  • Race discrimination

    Type:
    Employment law manual

    Updated to include information on Kratzer v R+V Allgemeine Versicherung, in which the ECJ held that a person who applies for a job with the sole purpose of making an application for compensation for discrimination is not covered by EU discrimination law.

  • Race discrimination awards 2015/16

    Type:
    Quick reference

    A table listing the race discrimination awards made by employment tribunals in 2015/16.

  • How to deal with an employee who no longer has the right to work in the UK

    Type:
    How to

    Practical guidance on dealing with the situation in which an employee no longer has the right to work in the UK, including guidance on avoiding illegal working, fair dismissal, the 28-day grace period and the Home Office employer checking service.

  • Date:
    1 September 2016
    Type:
    Legal guidance

    The requirement to speak English at work and dress codes at work are policy areas where employers should tread carefully to avoid discrimination. Deborah Bulman, a senior associate from Burges Salmon LLP, considers recent legal controversies and gives tips on drafting employment policies.

  • Brexit and bullying at work

    Date:
    13 July 2016
    Type:
    Editor's choice

    The Brexit vote has elicited strong feelings on either side and employers need to ensure that their employees do not become victims of bullying and harassment as a result. We provide four examples of scenarios that could result in claims against employers.

  • Date:
    11 July 2016
    Type:
    Legal guidance

    Employers need to ensure that their employees do not become victims of bullying and harassment as a result of the Brexit vote. We present four examples of scenarios that might lead to claims against employers.

  • Supreme Court: exploitation of migrant domestic workers not race discrimination

    Date:
    23 June 2016
    Type:
    Editor's choice

    In Taiwo v Olaigbe and another; Onu v Akwiwu and another, the Supreme Court explored the remedies available to mistreated migrant domestic workers and concluded that their race discrimination claims could not succeed.

  • Race discrimination: immigration status does not equate to nationality under Equality Act 2010

    Date:
    22 June 2016
    Type:
    Law reports

    The Supreme Court has held that the mistreatment of two migrant workers on the basis of their immigration status did not amount to race discrimination.

About this topic

HR and legal information and guidance relating to race discrimination.