No employee or potential employee should receive less favourable treatment or consideration on the grounds of their race or be disadvantaged by any conditions of employment or requirements that cannot be justified as necessary on operational grounds. This law is governed by the Equality Act 2010 and covers race discrimination in recruitment, promotion, terms and conditions of employment, training, disciplinary and grievance procedures, dismissals and redundancy.

The definition of “Race” includes colour, nationality, ethnic or national origins.

Race discrimination can take the following forms:-

Direct Race Discrimination

This is where a person (A) treats another (B), because of their race, less favourably than A treats or would treat others.

Indirect Race Discrimination

This is where an employer applies a provision, criterion or practice equally to all races but it

• puts or would put people of the same race or ethnic or national origins at a particular disadvantage when compared with others
• puts a person of that race or ethnic or national origin at that disadvantage
• cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment

 A person (A) harasses another (B) if:-

(a) A engages in unwanted conduct for a reason related to B’s race; and

(b) the unwanted conduct has the purpose or effect of (i) violating B’s dignity or (ii) creating an intimidating, hostile, degrading, humiliating or offensive environment for B.

Victimisation

This occurs when you are treated less favourably than others because you make a complaint of race discrimination or support someone else in doing this. So, for example, if you are denied promotion or training because of your involvement in a complaint of race discrimination, this may be considered victimisation.