Race discrimination

Race is a protected characteristic under the Equality Act 2010, which bans direct and indirect race discrimination, victimisation and harassment. However, employers can justify indirect race discrimination to achieve a legitimate aim through proportionate means.

Under the Equality Act 2010, “race” means colour, nationality or ethnic or national origins. Although caste is not specifically covered in the Equality Act's definition of race, case law shows that it is possible for an employee to bring a claim for race discrimination on the basis of caste (Chandok and another v Tirkey).


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Consultation opens on caste discrimination

The Government Equalities Office has published a public consultation on caste discrimination, following a 2013 legislative option to add “caste”...

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BBC reporter’s employment case struck out

8 Mar 2017

An employment tribunal has struck out a BBC reporter’s claim after finding that she discussed her case with a newspaper...

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“The time for talk on race in the workplace is over, it’s time to act” – Baroness McGregor-SmithREX/Shutterstock

Employers urged to report race pay gap data

28 Feb 2017

Businesses with more than 50 employees should publish a breakdown of their workforce by race and pay band, an independent...

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The BBFC rates the 1978 classic Halloween as an 18 for its atmosphere of "strong threat" and graphic depictions of killingsMoviestore Collection/REX/Shutterstock.

Tribunal Watch: Teacher’s dismissal for showing 18-rated film to pupils

9 Jan 2017

Tribunal Watch returns with a round-up of recent case law reported in the news. The Employment Appeal Tribunal (EAT) upheld...

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There is much for the employment law aficionado to be excited about in 2017. Dirk v. Mallinckrodt / imageBROKER/REX/Shutterstock.

Employment law cases 2017: seven decisions to look out for

14 Dec 2016

We round up seven significant employment law decisions expected in 2017, with cases pending on employment status, equal pay, whistleblowing,...

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Michelle Obama “ape” comment: how employers can deal with racist language

2 Dec 2016

An inflammatory and racist Facebook post that referred to Michelle Obama as an “ape” caused widespread outrage on social media....

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The 10 most important employment law cases in 2016

30 Nov 2016

What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments...

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Racial harassment in the workplace: five key cases

23 Sep 2016

Ex-England and Spurs footballer Paul Gascoigne has pleaded guilty to racially-aggravated abuse over a “joke” he made to a black...

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Celebrating the end of Ramadan at Trafalgar Square, London, 2016. Bans on dress codes at work have brought about controversial legal  cases. Dinendra Haria/REX/Shutterstock

Discrimination risks: requirement to speak English at work and dress codes

8 Sep 2016

The requirement to speak English at work and dress codes at work are policy areas where employers should tread carefully...

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Theresa May arrives in China for the G20 where she rejected the idea of points-based immigration rules for EU workers. Photo: Xinhua News Agency/REX/Shutterstock

Brexit: practical five-point checklist for employers

5 Sep 2016

As Theresa May rejects the idea of a points-based immigration scheme for EU workers, employers continue to face uncertainty as...

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Ethnic minorities under-represented in leadership, EHRC finds

19 Aug 2016

Black workers are more than twice as likely to be in insecure forms of employment and ethnic minorities are under-represented...

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Immigration officers raided Byron restaurants last month, detaining 35 staff. Photo: Amer Ghazzal/REX/Shutterstock

Byron immigration raids: right to work checks need to consider discrimination risks

1 Aug 2016

Anne Morris warns of the discrimination risks when checking foreign workers' right

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Dirk v. Mallinckrodt / imageBROKER/REX/Shutterstock.

Five important employment law cases in 2016… and five more to come

21 Jul 2016

Your annual summer round-up of the most important employment law cases 2016 has seen so far, and those still to come…

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Elaine voted leave because she felt the EU was too bureaucratic, but now her colleagues say she's racist

Brexit: four bullying and harassment scenarios

12 Jul 2016

The result of the EU referendum has revealed divisions between different age groups and education levels, with feelings running high...

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Supreme Court: give tribunals power to award compensation for modern slavery

22 Jun 2016

Remedies under the Modern Slavery Act should be extended to allow employment tribunals to award compensation to the victims of...

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