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.

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.

If you would like to speak to us about race discrimination please call us on 01562 514867, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us using the contacts page of our website.