This document discusses UK race relations legislation, including the key acts and guidance. It provides details on the Race Relations Act 1976 and the Race Relations (Amendment) Act 2000, which made it unlawful to discriminate based on race in employment, housing, education and services. The four types of racial discrimination covered are direct discrimination, indirect discrimination, harassment, and victimisation. Several case studies are also presented and categorized as examples of direct, indirect, or no discrimination.

1. Race Relations
It Matters

2. Race Relations:
the legal context
• Race Relations Act 1976
• Race Relations Amendment Act 2000
• Current Race Relations guidance

3. Race Legislation
Race Relations Act 1976
Makes it unlawful to
“discriminate against
anyone on grounds of
race, colour, nationality
(including citizenship),
or ethnic or national
origin
Race Relations
(Amendment) Act
2000
Imposes a DUTY to:
‘Promote equality of
opportunity’
‘Promote good race
relations’

4. The Race Relations Act 1976
applies to the following areas:
• jobs
• training
• housing
• the provision of goods, facilities and
services
• education
It is also unlawful for public bodies to
discriminate while carrying out any of
their functions

5. There are 4 types of racial
discrimination covered in law:
1. Direct discrimination
2. Indirect discrimination
3. Harassment
4. Victimisation

6. Direct discrimination is…
Where someone from a particular
‘racial’ or ethnic group is treated less
favourably than a person of another
group would be in comparable
circumstances, because they belong to
that group.
(there is no legal ‘justification’ for direct
discrimination)

7. Indirect discrimination is…
• Where a ‘provision, criterion or practice’
is applied to everybody but it adversely
affects one particular group
…and…
• It is not justifiable to apply that
condition or practice
• BOTH conditions must be met in order
to fall within the legal definition of
‘racial discrimination’

8. Harassment is…
When someone engages in unwanted
conduct that:
• Violates another person’s dignity
…OR….
• Creates an intimidating, hostile, degrading,
humiliating or offensive environment for
another person.
If this is done on grounds of race or ethnic
origins then it is unlawful under the Race
Relations Act

9. Victimisation is…
• When someone is singled out for using
complaints procedures or exercising their
legal rights (including making a complaint of
discrimination)

10. Case Studies
All case studies have been taken from
the old Commission for Racial Equality
website.
(not now available but can be found on Equality and Human Rights Commission website)

11. Activity
• Read through the examples on the
handout
In pairs, decide:
1. Is this an example of discrimination?
2. If so, what type of discrimination?
(15 mins)

12. Case study 1 - outcome
Direct Discrimination
• The firm were given an opportunity to explain
their actions but gave no satisfactory response.
• Neither could they do so in court.
• The County Court awarded John £3,000
damages.

13. Case study 2 - outcome
Direct Discrimination & victimisation
The Council in charge of the school settled
out of court and agreed to:
• Apologise to Anthony.
• Confirm their commitment to equal
opportunities and anti-racist education.
• Follow correct Exclusion procedures
• Pay Anthony a four-figure sum in
compensation for ‘injury to feelings’.

14. Case study 3 -outcome
Direct discrimination
An Employment Tribunal found that:
• The firm had racially discriminated
against Claire
• The Tribunal ordered the firm to pay
Claire a four-figure sum for lost
earnings

15. Case study 4 - outcome
Direct discrimination
The firm settled out of court. They
agreed to pay a four-figure sum in
compensation for loss of earnings.

16. Case study 5
Discrimination not proven
An Employment Tribunal decided Nestlé had
the right to stipulate a ‘no beard’ rule on
grounds of health and safety.
This decision was upheld by an Employment
Appeals Tribunal

17. Case study 6 - outcome
Indirect discrimination
An Employment Tribunal found that the
grade requirement did unfairly restrict
applications from black and ethnic
minority employees who were under-
represented at that level.

18. Case study 7 - outcome
Direct discrimination
Before the case was due to be heard, the police
authority made an out of court settlement,
agreeing to:
• Issue an apology to Paul
• Pay a four figure donation to charity of Paul's
choice
• Meet with the CRE, ACAS, and the police
authority to discuss the effectiveness of their
equal opportunities procedure in relation to
recruitment.

19. Case study 8 - outcome
No discrimination
On the facts given, there is no case to
answer. There is no evidence that the actions
of the staff were racially motivated. They
seem to have acted reasonably and there is
no evidence that a white person would have
been treated any differently.