Race discrimination
Employers must not discriminate on the ground of race, which includes your skin colour, nationality, ethnicity and country of origin.
In Northern Ireland, race discrimination law is set out under the Race Relations (Northern Ireland) Order 1997 and related regulations, rather than the Equality Act 2010. In Northern Ireland, members of the Irish Travellers community are regarded as a racial group.
Race discrimination can take many forms, from offensive comments to unfair treatment. Employers are expected to have clear policies and respond swiftly when racism is reported.
If you or someone you know are experiencing race discrimination at work, UNISON is here to help.
On this page
Race discrimination and the law
Employers must not unlawfully discriminate on the ground of race. There are many ways in which employers could unlawfully discriminate. These can include:
- Harassment.
- Indirect discrimination.
- Victimisation.
- Direct discrimination.
It doesn’t matter if the race discrimination is deliberate or purposeful, or whether the person committing the act of discrimination thinks it is ‘harmless fun’. The law exists to prevent discrimination and punish those who discriminate.
Race discrimination covers all aspects of employment, including:
- Pay.
- Terms and conditions.
- Redundancy.
- Dismissal.
- Recruitment.
- Training.
- Promotion.
- Working conditions.
Discrimination can happen in any of these areas. In certain circumstances, it can extend to protection after the working relationship has ended.
Indirect race discrimination
If your employer has set up working practices that place those from a particular racial group at a particular disadvantage when compared with others, this is unlawful, unless the employer can show that the working practice in question is justified – in other words, that it is a proportionate means of achieving a legitimate aim.
Your rights
You have the right to equal pay, benefits and conditions with your co-workers. You also have the right to work with no fear of discrimination. If your employer allows racial discrimination in the workplace, they are breaking the law.
You also have the right not to be victimised for reporting race discrimination. You cannot, for example, be called to a disciplinary meeting for complaining that you have been discriminated against at work.
Remember, discrimination need not be a deliberate act and people may not know they are discriminating. If you have issues regarding your rights, contact your UNISON rep.
Positive action
Where individuals who share a protected characteristic experience a disadvantage connected with the characteristic, have particular needs, or are under-represented, an employer may take certain steps to minimise that disadvantage, meet their needs, or encourage participation. This could include providing support and training, or shadowing schemes to those looking to be promoted.
In Northern Ireland, this is permitted to meet specific needs such as training etc to enable a racial group to compete for particular work if that group is under-represented in that area of work. Similar provisions apply to encourage members of particular racial groups to get involved within trade unions, employers’ associations or any professional or trade organisations.
However, it is not lawful for an employer to employ a person solely because of their race, although applications can be encouraged.
Frequently asked questions
In the public sector, the Equality Act 2010 requires employers to have 'due regard' of the need to eliminate discrimination, victimisation and harassment and to the need to advance equality of opportunity.
Under Section 75 of the Northern Ireland Act, public authorities are required to give ‘due regard’ to the need to promote equality of opportunity between persons of different racial groups.
They are also required to ‘have regard of’ the desirability of promoting good relations between persons of different racial groups.
If your employer does not know about racism in the workplace, explain the issue to them. If the matter is not resolved, contact your UNISON rep immediately.
Legal disclaimer
The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.
While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. If you are a UNISON member with a legal problem, please contact your branch or region as soon as possible for advice, or for non-employment matters call UNISONdirect.