- ‘Race’ is defined as including colour, nationality, ethnic or national origins, or being a person of a particular racial group.
- Direct discrimination occurs where a person is treated, or would be treated, less favourably ‘because of’ race compared with others in like-for-like circumstances.
- Indirect race discrimination occurs when a provision, criterion or practice (PCP) puts an individual of a particular race at a particular disadvantage compared with people of a different race. An employer may be able to justify the PCP as a proportionate means of achieving a legitimate aim.
- An occupational requirement, where the nature or context of the work require a person to be of a particular race, can be a lawful exception to direct and indirect discrimination.
- Harassment occurs where unwanted conduct related to race violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation occurs where a person is subjected to a detriment for carrying out a ‘protected act’ (for example, bringing a discrimination claim).
- Employers are liable for acts of discrimination, harassment and victimisation carried out by their employees ‘in the course of employment’.
The Government has responded to its consultation on caste discrimination. The consultation asked stakeholders whether 'caste' should be specifically added to the Equality Act 2010 as an aspect of race in order to provide protection against discrimination, or whether existing case law should be relied upon. The Government has chosen to take a light touch approach and has confirmed it will afford protection by relying on existing case law, most notably the case of Tirkey v Chandok which you can read more on in our Case Law section. No amendments will therefore be made to the Equality Act 2010.
In light of the outbreak, many staff from China or other affected areas may be subjected to bullying as a result. It is important to remind staff that any form of discrimination in the workplace, regardless of the reason, will not be tolerated. Employees who are being subjected to this form of treatment should be advised to come forward and all complaints should be investigated and responded to in line with company policy.