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
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 Bessong v Pennine Care NHS Foundation Trust, in which the EAT considered if an employer can be held liable for third-party harassment under the Equality Act 2010.
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.
Almost one in three ethnic minority employees have been asked to adopt a 'Western' work name by a manager - despite this being an unlawful request.
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.
The average compensation awarded in workplace race discrimination cases fell by 14% over the past year, but the number of discrimination cases rose.
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.
HR and legal information and guidance relating to race discrimination.