In the UK Equality Act 2010, race includes colour, nationality and ethnic or national origins. A racial group can be made up of one or more distinct racial groups, for example Black, White, Chinese, Romanian, black Briton, British Asian, Romany Gypsies and Irish Travellers.

Whether race discrimination includes caste discrimination has been unclear,  in its response to a consultation, the government decided to rely on existing case law rather than new legislation to protect against unlawful discrimination because of caste.

The need for action on race inequality in the workplace

In 2017 and 2018 there was an independent review on race in the workplace followed by a consultation inviting employers’ views on  mandatory ethnicity pay reporting. We responded comprehensively to the consultation. 

The 2022 update of progress (the Parker review) into the ethnic diversity of UK boards shows in the past 5 years there’s still a long way to go until, for example, FTSE250 boards reflect the ethnic diversity of the UK population. 

The issue is not just in executive roles. Research by Demos for the Joseph Rowntree Foundation affirms that ‘people from ethnic minority groups … are more likely to be unemployed than white British people, are over-represented in poorly paid and unstable jobs, and are less able to secure opportunities for job progression or employment which matches their skills and abilities.’

A further government report of the Commission for Race and Ethnic Disparities (March 2021) was universally criticised for failing to acknowledge the impact of institutional racism on areas including  education, healthcare and employment. In our response, we state that  many of the recommendations fall short of what is required to tackle workplace inequality and that institutional racism remains a significant problem in employment and progression at work.

In Great Britain, discrimination on the grounds of race is now contained within the Equality Act 2010.

The Equality and Human Rights Commission (EHRC) has published guidance on race discrimination and the Equality Act including a Code of practice on employment. Whilst not legally binding, the codes give important guidance on good practice and failing to follow them may be taken into account by tribunals or courts. CIPD members can find out more in our Race discrimination law Q&As.

Types of discrimination

The different types of race discrimination within the Equality Act 2010 include:

Direct discrimination

This is treating someone less favourably than another person because of their race, colour, nationality or ethnic or national origins. For example, it’s refusing to employ an individual because they are black.

Indirect discrimination

Indirect discrimination occurs when:

1. a provision, criterion or practice is applied to all, and:
2. it puts a group with a protected characteristic at a disadvantage when compared with another group
3. an individual is put at a disadvantage
4. the employer cannot show it to be a proportionate means of achieving a legitimate aim.

For example, if a recruitment policy requires individuals to live within a certain geographical area or postcode this may put applicants of certain ethnic origins at a disadvantage when compared to others. This would be indirect discrimination unless the employer could justify the residence criteria compared to the disadvantage to the applicant.

Associative discrimination

This is treating someone less favourably because they associate with an individual who has a protected characteristic. For example, treating someone less favourably because they are married to some-one of a certain race, even though they are of a different race themselves.

Perceptive discrimination

This is treating someone less favourably because it’s perceived that they have a protected characteristic, whether they do or not. For example, not recruiting someone because it’s thought they are of certain nationality when in fact they are not.

Victimisation

Victimisation occurs when someone is treated less favourably because they’ve made or supported a complaint, or raised a grievance under the Equality Act 2010. It also applies if it’s thought that they have made a complaint. Post-employment victimisation can occur. For example, refusing to give a reference to someone who had made a complaint under the Equality Act 2010 - although the Act has some grey areas concerning post-employment victimisation.

Harassment

Harassment is ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.

There’s no longer any specific legislation making employers liable for harassment that comes from a third party (for example, a customer). However an employer may be liable for breach of other legal duties, for example breach of contract, direct discrimination and under the Protection from Harassment Act 1997. This, and good practice, mean that employers should continue to take steps to protect employees from all forms of harassment. 

Find out more in our harassment and bullying factsheet.

Exceptions

Very unusually, there may be a genuine occupational requirement to employ a person of a particular race. 

Employers can also take positive action, for example to address under-representation or other forms of disadvantage within the workforce. The provisions are complex and must be handled very carefully. Different provisions apply concerning positive action relating to recruitment and promotion. See guidance from the EHRC.

As part of coherent inclusion, diversity and employee engagement strategies, employers should undertake thorough reviews of policies and working practices. However, we know that there’s still a considerable way to go until this is a reality with regards to race.

To create fair and inclusive workplaces with equality of opportunity, treatment, and outcomes, regardless of people’s background, identity or circumstances our viewpoint on race inclusion in the workplace gives recommendations for employers, with additional information below.

Inclusion policy

It’s a good idea to have, and actively use, a written inclusion and diversity policy. Employers may have a defence to a claim if they can show that they took all reasonable steps to prevent discrimination occurring. Having a comprehensive current policy, and recent relevant training will help employers to distance themselves from liability for acts such as harassment by an individual perpetrator employed by them. A policy also demonstrates the organisation takes its legal and moral obligations towards being a diverse and inclusive employer seriously. It can also encourage employees to treat others equally.

Creating a racially-diverse and inclusive workplace and engaging personal commitment

We have published a series of reports on race inclusion which look at three key areas to consider to improve race inclusion and equality in the workplace:

• talking about race at work - Listen to our podcast: Why is it so hard to talk about BAME?

• ethnicity disclosure and reporting
  
• addressing career progression inequalities

The research is based on a survey of employees and includes practical recommendations for employers and for government based on their experiences in the workplace. 

Recommendations include:

• Develop a comprehensive and well-resourced race inclusion strategy, with clear ambitions and measures of success. Integrate this with your wider HR, equality, inclusion and diversity (EDI), and organisation business strategies. Monitor and adapt on an ongoing basis. 
  
  
• Prepare for ethnicity pay gap reporting before it becomes mandatory and report voluntarily in advance if possible. Take a look at our guidance here.
  
  
• Develop an action plan for tackling any ethnicity-based disadvantage that your data exploration reveals. Implement and monitor impact. 
  
  
• Avoid making generalisations - the term ethnic minorities encompasses a wide range of backgrounds, cultures and traditions. 
  
  
• Support senior leaders to lead the way in initiating positive conversations about race, to be clearly visible as part of the EDI strategy and to communicate the importance of action for race and ethnicity equality. 
  
  
• Support line managers to manage their teams in a non-discriminatory and engaging fashion. Invest in line management skills, including how to support the career development of all their team.
  
  
• Develop strategies to ensure all employees have a voice and work with employee network groups to facilitate two-way conversations about race and other diversity strands in a safe space.
  
  
• Consult employees on the most appropriate individual and collective terminology in relation to ethnicity, and help others learn this terminology. 
  
  
• Work with relevant professionals across the organisation to develop a communications and involvement strategy to communicate and celebrate diversity aims and achievements, to share the organisation’s diversity data and to explain the EDI strategy.

Reviewing employment practices

• Think inclusively when devising all people policies and procedures to make sure they’re practical and aim to cater appropriately for the needs and preferences of a racially diverse workforce.
  
  
• Collect, analyse and publish a framework of relevant ethnicity data and statistics across all the HR processes in your organisation (including recruitment, promotion, career development and pay). An evidence-based approach will help get to the root of issues in your particular context.
  
  
• Check recruitment processes aren’t open to discrimination based on race. Take care in drafting and placing advertisements to avoid discrimination and stereotyping through language and images. Be sensitive when arranging dates for interviews. Indicate if any genuine Occupational Requirements apply.
  
  
• Make sure appraisal and performance management processes aren’t biased and check that career paths and promotion and training opportunities are inclusive for all employees.
  
  
• Review policies and procedures related to, for example: flexible working practices, dress code/uniforms, flexible canteen menus, and terms and conditions, to ensure they don’t discriminate on the basis of race.
  
  
• Make standards of behaviour clear to everyone through regular and appropriate communication methods, promoting a culture of personal responsibility for treating people with respect and dignity and adopting a zero tolerance approach to race discrimination.

Tackling racism in the workplace

Racism has no place in our society. Businesses must be part of the change we all need, to step up and stamp out prejudice, and to build diverse and supportive cultures of respect and fairness for all.

Explore our resources and curated practical content to help people professionals tackle these challenges - Visit the hub.

Contacts

Acas - Discrimination, bullying and harassment

GOV.UK - Employers: preventing discrimination

Equality and Human Rights Commission - Race discrimination 

Government Equalities Office

Employers Network on Equality and Inclusion

Race at Work Charter

Books and reports

ACAS. (2018) Race discrimination: key points for the workplace. London: Acas.

EQUALITY AND HUMAN RIGHTS COMMISSION (2018) Data deficit hampering progression of ethnic minority and disabled people at work. Manchester: EHRC.

PYPER, D. (2014) The Equality Act 2010: caste discrimination. Commons Library Standard Note. London: House of Commons Library.

RUBENSTEIN, M. (2021) Discrimination: a guide to the relevant case law. 34th ed. London: Michael Rubenstein Publishing.

Journal articles

BURT, E. (2018) One in four BAME employees witnessed racist bullying from managers in the last two years. People Management (online). 31 October.

DANBOLD, F. (2021) What the Sewell report misses about diversity in the workplace. People Management (online). 12 April.

FULLER, G. (2018) Half of employees have witnessed racism at work, says survey. People Management (online). 2 March.

KENNEDY, E.J. (2020) Can data drive racial equity? MIT Sloan Management Review. 3 December. Reviewed in Bitesize research.

McCARTNEY, C. (2018) Tackling racial disadvantages and discrimination in the workplace. CIPD Voice. Issue 15, 3 September.

ROPER, J. (2019) Falling on deaf ears. Human Resources (HR). May. pp20-27.

CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.

Members and People Management subscribers can see articles on the People Management website.