Public and Commercial Services Union

The Race Relations Act 1976 (as amended), aims to eliminate unlawful discrimination on the grounds of race against anyone, irrespective of their racial group.

When does race discrimination occur?

Race discrimination occurs when a person is treated less favourably on the grounds of race, colour, nationality, ethnic or national origin. In limited cases, race discrimination also occurs on the grounds of religion, eg, in the case of Sikhs and Jewish people.

People of the Muslim faith, now have protection under the Employment Equality (Religion or Belief) Regulations 2003.

Race discrimination is unlawful

It is unlawful to discriminate against any worker on racial grounds. In terms of employment the amended Race Relations Act 1976 makes it unlawful to discriminate in:

• Recruitment
• Pay (including bonuses and shift premiums)
• Other terms and conditions of service (eg, holidays)
• Access to employment opportunities or benefits (eg promotion, access to training)
• Dismissals or
• Disadvantaging a worker in any other way on racial grounds

Types of race discrimination

There are four different types of discrimination forbidden by law:

Direct discrimination

This occurs when a worker is treated less favourably on the grounds of race, colour, etc. Direct discrimination is rare.

Indirect discrimination

This occurs where a prima facie practice or criterion applied has an adverse impact on an individual or group of people because of certain cultural nuances adhered to because of ethnicity.

Victimisation

Victimisation occurs when a person is treated less favourably because a someone has made a complaint about racial discrimination or intends to make a complaint about racial discrimination.

Harassment

Harassment occurs where a person is treated less favourably because of nationality, ethnicity and is subjected to unwanted conduct that has the purpose or effect of violating a person’s dignity or creating an offensive, intimidating, hostile or degrading environment.