|
Such discrimination can be
simple and direct such as
rejecting job applications
from people who aren’t
British or by refusing to
consider people of a
particular ethnic origin.
It can also be indirect.
For example, it would not
be acceptable for an
employer to apply
conditions to a job which,
although they don’t appear
to be discriminatory, may
in fact put certain groups
at a disadvantage for no
sound business reason.
This might happen if a
firm demanded a very high
standard of written
English when in fact the
job in question did not
require such a standard.
There is also a third form
of discrimination
involving harassment. The
Race Relations Act defines
such harassment as
“unwanted conduct that has
the purpose or effect of
violating a person’s
dignity; or creating an
intimidating, hostile,
degrading, humiliating or
offensive environment for
that person.”
This brings us back to Big
Brother where Shilpa
Shetty was referred to as
“poppadom” and subjected
to comments that she
should go home. There’s
little doubt that had
Shetty been treated this
way in an ordinary office
or workplace she would
have a good case for
claiming racial
discrimination.
The problem for employers
in these situations is
that they end up having to
defend the case and
perhaps pay damages even
though it was their
employees who caused all
the problems. Under the
Act, discrimination or
harassment by an employee
in the workplace is
treated as if it were
carried out by the
employer, even if he knew
nothing about it. This
applies to all firms,
regardless of size.
This may seem harsh but
fortunately, employers can
avoid liability if they
can demonstrate that they
have taken all reasonable
steps to discourage and
eradicate discrimination
among their workforce.
The new Code of Practice
on Racial Equality in
Employment, which came
into force last April, has
several helpful
recommendations. First it
is essential that firms
have an equal
opportunities policy
covering every aspect of
employment all the way
from recruitment through
to promotion and
dismissal.
The code recommends that
there should be an action
plan to put the policy
into effect and promote it
as widely as possible
within the firm. Staff who
have the responsibility
for enforcing it should be
properly trained. Firms
should collect information
about the ethnic
backgrounds of workers and
use it to check that
everyone is being treated
fairly.
If this monitoring
highlights differences in
the way people from
different ethnic
backgrounds are treated
then steps should be taken
to remove those
differences. Firms must
also do everything they
can to prevent racial
discrimination and
harassment.
Banter and harmless
teasing is part of working
life for many people and
for the most part it may
just be harmless fun.
However, there is always
the potential that someone
goes a step too far,
whether deliberately or
not, and it’s quite
possible that a careless
remark could result in
someone taking offence and
making a claim.
The stakes are high
because there is no cap on
compensation. Recent
harassment cases have led
to settlement figures of
more than £100,000.
However, if employers put
the right policies in
place they will greatly
reduce the risk of such
incidents occurring. At
the same time, they will
greatly reduce the chances
of being held liable and
obliged to pay out huge
sums in compensation
should an employee make a
claim
Sally Laughton is an
employment expert at
Andersons Solicitors. She
can be contacted by
emailing
Sally Laughton
or calling 0115 988 6716
We produce FREE monthly electronic newsletters including;
Private Individual,
Business and
Employment Law. You can register for
your copy online from our website
or e-mail
Carly Williams. | 
