Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Legal sectorLatest NewsEmployment lawRace discriminationDiscipline and grievances

EHRC’s legal fund for tackling race discrimination: what employers need to know

by Ranjit Dhindsa 21 Apr 2022
by Ranjit Dhindsa 21 Apr 2022 Photo: Shutterstock (posed by models)
Photo: Shutterstock (posed by models)

Following the equalities regulator’s announcement that it would make funding available to legal representatives of victims of racial discrimination, Fieldfisher’s head of immigration Ranjit Dhindsa considers how the EHRC race discrimination fund is bedding in and what employers need to be aware of.

On 23 November 2021, the Equality and Human Rights Commission (EHRC), the UK’s equality regulator, launched a new legal fund to tackle race discrimination.

The unveiling of the fund came in the wake of the racism scandal at Yorkshire County Cricket Club, in which an investigation found that Azeem Rafiq, a former professional cricketer of Pakistani heritage, had been the “victim of racial harassment and bullying” during his 10-year career at the club.

Since December 2021, EHRC’s Race Legal Support Fund has been available to lawyers representing victims of racial discrimination to fund their work to secure justice for their clients.

Clearly, EHRC’s aim is to hold to account employers who may have breached the law and promote greater equality and freedom from discrimination for people of different racial backgrounds in the UK”

Open for a minimum of two years, EHRC said it expected the fund to pay out £250,000 in its first year to tackle race discrimination, harassment, and victimisation, with more funding available in future years.

Why does the EHRC race discrimination fund exist?

While the Yorkshire Cricket Club scandal provided a poignant backdrop for the new fund, EHRC had previously decried the lack of legal funding support available for victims of discrimination.

In June 2019, EHRC published the findings of an inquiry into legal aid cuts, which concluded that victims of unlawful discrimination were increasingly being prevented from enforcing their rights because of cuts to legal aid. In 2017, the regulator had made a similar fund available for victims of disability discrimination.

On launching the EHRC Race Legal Support Fund, Baroness Kishwer Falkner, chair of the EHRC, said that organisations, from sports clubs to workplaces, were failing to protect ethnic minorities from prejudice and race discrimination in their everyday lives – ie, were breaking racial equality law.

Equality, diversity and inclusion

Record ethnic diversity in NHS, but barriers to race equality remain

Ethnicity pay gap reporting will not be mandatory

Ethnic minorities ‘as likely to be in top roles’ as white counterparts in UK

As many victims of racial discrimination are “normal” people who lack the financial resources to take organisations to court, the fund is intended to remove this barrier by providing money to pay lawyers to pursue the claims on victims’ behalf.

EHRC’s Race Legal Support Fund follows previous schemes providing support to:

  • Disabled people who have experienced discrimination; and
  • Those who have been discriminated against by education providers and transport operators.

Members of the public who have experienced discrimination cannot apply to the fund directly, but instead are encouraged to contact the Equality Advisory and Support Service who can provide information, advice and support.

How has the EHRC discrimination fund been used to date?

The EHRC has confirmed that together with the Professional Footballers Union in Scotland (PFA Scotland) they are supporting footballer Rico Quitongo in his race discrimination claim against his former club and a club director. The claim follows an alleged incident of racism against Mr Quitongo by a supporter during a match in September 2021. It arises from the way the issue was subsequently handled by Airdrieonians FC. He alleges he experienced racial harassment and victimisation.

The EHRC are also considering a case relating to a black British shop worker who resigned after he was disciplined for taking too much sick leave. Funds are being used to obtain  counsel’s opinion about the merits of a legal claim.

What do employers need to know about the fund?

It is against UK law to discriminate against someone because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and/or sexual orientation. These are called protected characteristics.

While the EHRC Race Legal Support Fund does not in any way alter the obligations employers have to ensure employees are not discriminated against within their organisations, it is a shift of focus for the regulator, which had previously earmarked funding exclusively people with disability discrimination claims.

This means that employers will also need to prioritise race and ethnicity issues, and not just focus on gender and disability as key areas to improve inclusion and diversity (I&D).

EHRC has confirmed it will consider the following when reviewing whether or not to provide funding to individuals:

  • Are the cases being brought within the specified time limit (note, these can vary depending on the circumstances of the claim)?
  • Do they have a demonstrable legal merit?
  • Are there alternative sources of funding available to the individual?
  • Will the case advance a novel or interesting point of law?
  • Will the case achieve wider societal impact?

Clearly, EHRC’s aim is to hold to account employers who may have breached the law and promote greater equality and freedom from discrimination for people of different racial backgrounds in the UK.

What other powers does EHRC have?

It is important to note that the EHRC has a range of litigation and enforcement powers that go
beyond the race fund.

It can:

  • Carry out investigations where they suspect unlawful acts have been carried out under the Equality Act 2010;
  • Serve unlawful act notices;
  • Require action plans to be completed; and,
  • Enter agreements with employers who have been found to have discriminated against employees, to prevent discrimination in the future.

Under its legal powers, EHRC can carry out strategic litigation, which could include applying for injunctions, providing legal assistance to individuals bringing a variety of claims, intervene in cases and apply for judicial review.

Will the fund make an impact?

The EHRC’s aspirations are laudable, but at this early stage it is questionable whether the race fund will be sufficient to make any significant impact, or whether the regulator will have to continue to rely on its other enforcement and litigation powers.

It may be more helpful, and deliver swifter and more amicable outcomes, to work with employers on how to improve culture and behaviours through agreed action plans, rather than encourage litigation which is costly and stressful for all concerned.

Latest HR job opportunities on Personnel Today


Browse more human resources jobs

Ranjit Dhindsa
Ranjit Dhindsa

Ranjit Dhindsa is head of employment, pensions, immigration and compliance at Fieldfisher.

previous post
Hybrid working: executives returning to office less than employees
next post
Movers and shakers April 2022: Santander UK appoints new chief people officer

Leave a Comment Cancel Reply

Save my name, email, and website in this browser for the next time I comment.

You may also like

AI recruitment systems to be investigated over discrimination...

14 Jul 2022

Wording of diversity statements critical to policies’ success

10 Jun 2022

Monkeypox advice for employers: working from home and...

26 May 2022

Aspers casino cashier excluded by colleagues wins £75k...

23 May 2022

Record ethnic diversity in NHS, but barriers to...

8 Apr 2022

P&O Ferries chef launches unfair dismissal and discrimination...

6 Apr 2022

Police forces must develop black talent, says racism...

22 Mar 2022

Serial claimant banned after ‘weaponising’ employment tribunal system

11 Mar 2022

Is the law confusing around positive action and...

25 Feb 2022

Ethnic minorities ‘as likely to be in top...

24 Feb 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+