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Wednesday, February 24, 1999 Published at 15:23 GMT
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Business: The Economy
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Working against racism
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Employers are held responsible for racism at work
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Racism in the workplace was made illegal in the UK in 1976. For the first time employers could be prosecuted if they discriminated against staff from ethnic minorities.

The 1976 Race Relations Act was a legal landmark in combating racism.

It has two main aims:

  • Defining racism and giving redress to those discriminated against.
  • Preventing racism from arising in the first place.

A large part of the act focuses on employment and equal opportunities in the workplace.


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As a whole, it prohibits discrimination against a person because of race, ethnic origin, colour, national origin, nationality or citizenship.

But as far as the workplace goes, the onus is on employers to ensure fairness.

Any discrimination is the responsibility of employers, unless they can prove they took all reasonable steps to prevent it.

Racial discrimination in the workplace is identified in three main ways:

  • Direct discrimination

    When a person is treated less favourably than others on the grounds of race.

  • Indirect discrimination

    When members of one racial group find it more difficult to comply with a work requirement than members of other groups.

    Uniforms which take no account of cultural or religious needs would fall into this category.

  • Victimisation

    When a person is treated less favourably than others because they have complained of racial abuse, and are then passed over for promotion.

Despite the law, complaints of racism in the workplace are still made.

In the London boroughs of Hackney and Lambeth alone, a total of �818,000 was awarded to people last year at industrial tribunal race cases.

Wasted skills

Getting into managerial positions is also a concern for ethnic minorities.

Indian men are the most successful, according to a 1998 survey by the Office for National Statistics(ONS). Nearly half of those of working age make it into the top two social classes.

Only one quarter of black caribbean, Pakistani and Bangladeshi males are in the same two classes.

But black caribbean women are more likely to be in the top two classes than black caribbean men.


[ image: CRE: gives legal advice on discrimination]
CRE: gives legal advice on discrimination
Wastage of skills and talents of people from ethnic minorities can be another problem.

Ethnic minorites make up 6% of the UK's population, according to 1996 figures from the ONS, but a considerable amount of work skills may be badly under-used due to unemployment.

Unemployment rates are twice as high in ethnic minorities than in white groups, figures from the Commission for Racial Equality (CRE) show.

Positive action

Pinpointing racism is only part of the act; it also encourages employers to take positive action.

Equal opportunities schemes can help increase any shortfall in the workforce of people from ethnic minorities.

But the 1976 act does have its critics.

'Long complaint process'

Bob Purkiss is Senior Commissioner at the Commission for Racial Equality and National Secretary for Equality for the Transport and General Workers Union.

He says attitudes within the workplace will have to change, with companies closely examining how they come across to ethnic minorities.

Criticising the complaints process, he told BBC News Online that "the burden of proof is one of the act's main shortfalls."

"Making a complaint is cumbersome and long - up to two years. It should be made simpler and more accessible.

'Employer backlash'

A counter-view to modifying legislation is offered by Ruth Lea of the Institute of Directors.

She described discrimination of any kind as "outrageous", but told BBC News Online that "more legislation could put employers off employing ethnic minorities.

"Employers might not want the hassle of potential cases brought against them, and we could face an employer backlash.

"This is the unfortunate reality."

'Recognise potential'

A business perspective was offered by the British Chamber of Commerce's Stephanie James, in response to Mr Purkiss's comments.

She described discrimination in the workplace as "not only socially unjust but also bad for business".

"Both employee and employer choice is limited where discrimination is involved in recruitment," she said.

"But most UK businessses do seek to recognise and realise the full potential of all their staff."

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News imageInternet Links
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Employment Relations - Dept of Trade and Industry
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The law and racial discrimination - Commission for Racial Equality [CRE]
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How much discrimination is there? - CRE
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Employment Rights (Dispute Resolution Act) 1998 - Her Majesty's Stationery Office [HMSO]
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Industrial Tribunals Act 1996 - HMSO
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Employment Rights Act 1996 - HMSO
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Race Relations Act: Removal of compensation limits [1994] - DiscLaw
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Characteristics of the unemployed survey [Nov '97] - Dept for Education and Employment
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Employment law links - DiscLaw
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