THE RACE DISCRIMINATION ACT?

There is no legislation called the 'Race Discrimination Act' however legal protection is contained in the Race Relations Act 1976 and the The Race Relations (Amendment) Act 2000 which together cover employment, housing, education and the provision of goods and services. This conduct is defined as any unfair treatment aimed at a person because of race, colour, nationality, citizenship or ethnic origin and entitles the offended person to justice and financial redress :

Employment
English law demands equal treatment for all employees, regardless of race. This encompasses all sectors of work including training, promotion, selection, recruitment, salaries, pay and benefits. Trade Unions are also legally bound to treat all members equally.

Housing
It is unlawful to treat a person differently because of race, colour, nationality, citizenship or ethnic origin when that person is renting or buying a property. The law also protects against evictions on the same basis.

Education
It is unlawful for a Local Education Authority, school, college or university to discriminate.

The provision of goods and services
It is illegal for anyone to be given goods or services of an inferior quality because of their race. This law applies regardless of whether the goods are paid for or free.

In legal cases, incidents are divided into direct and indirect.

Direct
Direct is any incident when a person is treated less favourably because of their race, nationality, citizenship, colour or ethnic origin. Negative comments and actions relating to a person’s race are also forms.

Indirect
Indirect occurs when a universal requirement puts people of a particular race at a disadvantage because their race, ethnic group or nationality and makes it difficult for them to comply with this requirement. For example, a job advert stating applicants must have short hair would exclude some religious groups, such as Sikhs. It would be illegal to issue such a demand unless the stated criteria are necessary for the job to be carried out effectively.
An employer can escape legal sanctions if they can demonstrate a “genuine occupational qualification” for making a stipulation that would otherwise be considered as race discrimination. This can be particularly relevant in the area of recruitment. For example, a church may request only Christian applicants to fill an official position. These situations can be complicated matters and anyone concerned about unfair treatment should seek expert legal advice.

English law protects people against these unlawful acts and warns perpetrators of illegal action of the consequences. Every year, throughout Britain, people subjected to this type of behaviour successfully claim damages for mistreatment. Increasingly, successful cases put pressure on businesses to treat all employees fairly, helping to combat this behaviour nationwide.

We are able to offer a wide range of employment law advice including :-

• unfair dismissal
• constructive dismissal
• redundancy
• racial discrimination
• sex discrimination
• racial harassment
• sexual harassment
• disability discrimination
• workplace bullying law
• compromise agreements
• age discrimination
• victimisation
• equal opportunities
• discrimination through pregnancy
• transfer of undertakings
• working time regulations
• commercial agents
• religious discrimination
• discrimination on the grounds of sexual orientation

If you believe you have a claim, it is important to get advice from a solicitor specialising in the field of employment law. The specialist knowledge of an employment law solicitor is vital in pursuing a claim to the best conclusion. If you would like advice just telephone us for a free consultation.