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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

  • 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

    Type:
    Employment law manual

    Updated to include information on the government consultation on ethnicity pay reporting by employers.

  • 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.

  • Uber's head of HR Liane Hornsey resigns after discrimination probe

    Date:
    11 July 2018
    Type:
    News

    Uber's chief people officer has resigned following an investigation into how she handled allegations of racial discrimination at the firm.

  • Netflix to educate staff after dismissing employee who used 'N-word'

    Date:
    25 June 2018
    Type:
    News

    Netflix has said it will educate its staff about the ways that race, nationality and gender identity affect its organisation after it dismissed its head of communications for twice using the 'N-word' during meetings.

  • Discrimination in recruitment and selection

    Type:
    Employment law manual

    The law on discrimination in recruitment and selection, including the impact of the Equality Act 2010 on recruitment, direct discrimination, indirect discrimination, the duty to make reasonable adjustments, positive action, occupational requirements, monitoring and keeping records.