Prevent discrimination and value diversity

Discrimination on the grounds of race

It's unlawful to discriminate against someone, either directly or indirectly, on the grounds of race, colour, nationality - including citizenship - or ethnic origins, under the Race Relations Act 1976. To do so would damage your chances of recruiting the best person for the job and getting the best performance from all your employees. Racial harassment is defined as a form of discrimination.

As with other forms of discrimination, it can be either direct or indirect on the grounds of race.

Direct discrimination may include treating somebody less favourably on the grounds of their race, colour, ethnicity or national origin.

Indirect discrimination can occur when an employer applies an apparently general rule that in practice disadvantages people of a particular race, colour, ethnicity or national origin and that cannot be justified.

This form of discrimination applies to the way you recruit, train, promote and select people for dismissal on grounds of redundancy, or, after they have left, if you refuse to provide a reference because they have a discrimination claim against you.

From 22 November 2005, a revised Code of Practice on racial equality in employment became will be available. This is intended to help employers draw up an equal opportunities policy to prevent unlawful racial discrimination. The code will not place any legal duties on employers until 6 April 2006 when it becomes statutory, but it may be taken as evidence in legal proceedings. Download guidance on achieving racial equality in employment from the Commission for Racial Equality website (PDF).

The penalties for race discrimination can be high, both for organisations and individuals, since there is no limit on compensation.

There are no length-of-service or age requirements in bringing a claim and where the claimant is an employee, they do not need to have left your employment.

Subjects covered in this guide

• Introduction
• Discrimination in recruitment and induction
• Sex discrimination
• Age discrimination
• Discrimination against disabled people
• Discrimination on the grounds of race
• Discrimination on the grounds of religion or belief
• Discrimination on the grounds of sexual orientation
• Discrimination over membership or non-membership of unions
• Discrimination in day-to-day working practices

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