Editor's message: The equality legislation protects workers from race discrimination at all stages of employment, including after the employment relationship has ended if the prohibited conduct arises out of and is closely connected to that relationship.
However, it is clear that more needs to be done to ensure equality and diversity in the workplace. A series of reviews into race and disparity have found that racial inequality is prevalent in all areas of society, including the employment field.
The global Black Lives Matter protests against racial inequality have brought the issue of racial inequality to the top of the news agenda. In the wake of these protests, the Prime Minister has pledged to establish a cross-governmental commission to look at "all aspects of inequality – in employment, in health outcomes, in academic and all other walks of life".
With this ongoing push to tackle race disparity, it is important that organisations check that they have implemented, and continue to promote, clear and robust diversity policies and practices that cover every stage of the employment cycle.
Fiona Cuming, senior employment law editor
In Bessong v Pennine Care NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the Equality Act 2010 cannot be interpreted to make an NHS trust vicariously liable for race discrimination for a patient's racially motivated attack on a mental-health nurse.
A table listing the race discrimination awards made by employment tribunals in 2018/19.
In Forbes v LHR Airport Ltd, the Employment Appeal Tribunal held that an employer was not vicariously liable for racial harassment when an employee posted an image of a golliwog on her Facebook account.
Updated to include information on Tees Esk and Wear Valleys NHS Foundation Trust v Aslam and another, in which the EAT considered if a colleague's remark related to race.
In Base Childrenswear Ltd v Otshudi, the Employment Appeal Tribunal considered the level of race discrimination compensation for an employee whose appeal against her dismissal and post-dismissal grievance were ignored.
In Georges v Pobl Group Ltd, an employment tribunal upheld a black employee's harassment claim after she attended diversity training at which the trainer wrote racially offensive terms on a flipchart and staff were encouraged to shout out the most offensive words that they could come up with.
Equality is high on the agenda of most NHS employers. As well as being subject to the gender pay gap reporting regime, NHS employers are required to comply with an equality standard in relation to race, and from April 2019 will be required to comply with a standard on disability. Nicky Green from law firm Capsticks explores what the standards mean for NHS employers.
In Evans v Xactly Corporation Ltd, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's ruling that calling a salesperson a "fat ginger pikey" in a working environment with a culture of "jibing and teasing"; was not harassment under the Equality Act 2010.
A table listing the race discrimination awards made by employment tribunals in 2017/18.
In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.
HR and legal information and guidance relating to race discrimination.