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Race discrimination

Fiona Cuming

Editor's message: Workers are protected 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, the Government is aware that more work needs to be done to ensure progression for all ethnic groups in the workplace. The Government considers that "transparency is a vital first step" and, with this in mind, it is exploring mandatory ethnicity pay reporting by employers. A few organisations are ahead of the game and are already reporting their ethnicity pay gap.

At the same time, the Government has launched the Race at Work Charter. The Charter commits businesses that sign up to it to key principles and actions that the Government says are designed to transform the recruitment and progression of ethnic minority employees. A number of large businesses are signatories.

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, employment law editor

New and updated

  • Race discrimination

    Type:
    Employment law manual

    Updated to include information on Uber BV and others v Aslam and others, in which the Court of Appeal held that Uber drivers are workers.

  • Date:
    25 February 2019
    Type:
    Legal guidance

    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.

  • Steep decline in race discrimination tribunal awards

    Date:
    4 February 2019
    Type:
    News

    The average compensation awarded in workplace race discrimination cases fell by 14% over the past year, but the number of discrimination cases rose.

  • Study finds 'alarming' bias against minority ethnic candidates

    Date:
    22 January 2019
    Type:
    News

    Research has uncovered an "alarming" level of discrimination against job seekers from minority ethnic backgrounds, who need to send an average of 60% more applications to receive the same level of interest as those from majority groups.

  • Woman who was spied on by employer wins race discrimination case

    Date:
    6 November 2018
    Type:
    News

    A woman who was spied on by her employer and denied the opportunity to progress in her career because she is black has won her claim of race discrimination, victimisation and harassment against Richemont (UK), which owns luxury brands including Cartier and Montblanc.

  • "Fat ginger pikey" jibe in stressful sales environment was not harassment

    Date:
    30 October 2018
    Type:
    Law reports

    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.

  • Race discrimination awards 2017/18

    Type:
    Quick reference

    A table listing the race discrimination awards made by employment tribunals in 2017/18.

  • Date:
    4 September 2018
    Type:
    Legal guidance

    The Government recently issued its response to a consultation on whether caste should be considered a protected characteristic for employment law purposes. Charlotte Allery looks at the implications for employers.

  • Victimisation: Focus of test for bad faith is honesty, not motivation

    Date:
    30 August 2018
    Type:
    Law reports

    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.

  • Consultation on caste discrimination

    Type:
    Consultations

    Updated to include a reference to the Government's response to the consultation.