Summary of the Race Relation Act (RRA)

The RRA applies to vocational training and all facets of employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training. It covers employees, applicants for employment and former employees. It is unlawful to:

• Discriminate directly by treating another person less favourably than others on racial grounds.
• Discriminate indirectly by applying a provision, criterion or practice that disadvantages people of a particular racial group, without justification.
• Victimise someone because they have made or intend to make a complaint or allegation or have given evidence against someone else in relation to a complaint of race discrimination.
• Subject someone to racial harassment.

Discrimination may be permitted in certain limited circumstances. For example:

• If there is a genuine occupational requirement (GOR) for the worker to be of, for example, a particular ethnic origin in order to do the job.

Where discrimination or harassment has been committed by an employee, the employer will usually be liable unless it has taken reasonable steps to prevent such conduct from taking place.

Types of discrimination

Direct discrimination

Direct discrimination occurs where person A treats person B on "racial grounds" (colour, nationality, race or ethnic or national origins) less favourably than person A treats or would treat others.

Indirect discrimination

Indirect discrimination can occur where an employer's treatment of all employees is the same irrespective of race, but where there is a disparity in the effect of such treatment on a particular protected group.

An employer can avoid liability for indirect discrimination by showing that its actions were objectively justified as a proportionate means of achieving a legitimate aim.

Victimisation

Law protects those who are victimised as a result of complaining of race discrimination or assisting another person's complaint.

Harassment

Definition of "harassment"

Since July 2003, a victim of harassment on grounds of race or ethnic or national origins has had a free-standing right of complaint under the law.

A person unlawfully harasses another person, on the grounds of race or ethnic or national origin, if engages in unwanted conduct which has the purpose or effect of:

• Violating that other person's dignity; or
• Creating an intimidating, hostile, degrading, humiliating of offensive environment for them.

Conduct will be regarded as having the requisite effect only if, having regard to all of the circumstances, including in particular the perception of that other person, it should reasonably be considered as having that effect. Therefore, provided there is no intention, there will not be a claim for harassment if the complainant is hypersensitive.

Discrimination in employment

The general principle is that the employer must not discriminate against an employee in any of the following ways:

• In the terms of employment offered. This makes it unlawful for an employer to discriminate in the contractual terms of employment, whether they be express or implied.
• In the way he affords him access to opportunities for promotion, transfer or training, or by deliberately denying him such opportunities. Employers should be aware that internal promotion poses a risk of unlawful discrimination as often it involves a large aspect of subjective managerial assessment.
• In the way he affords him access to any other benefits, facilities or services or by deliberately denying him access to such benefits. This includes pay, mobility, holiday, pension, and other fringe benefits such as opportunities to work overtime. It can also relate to a failure to deal with an employee's grievance adequately or dealing with an employee's grievance but with an unreasonable amount of delay.
• By dismissing him. This includes termination of a contract by the employer (with or without notice) and non renewal or expiry of a fixed term. Criteria used for dismissal, including in selection for redundancies, must not be indirectly discriminatory.
• By subjecting him to any other detriment. "Subject to detriment" means no more than that the employee might take the view that he has been disadvantaged in the circumstances in which he has to work although the disadvantage must amount to something more than an unjustified sense of grievance
• By subjecting him to harassment

Post-termination discrimination

Law makes it unlawful, in respect of former workers and employees to:

• Discriminate against another person on grounds of race or ethnic of national origins by subjecting them to detriment; or
• Subject them to harassment,

Where the discrimination arises out of and is closely connected to the relationship that has ended.