Race and Religion Discrimination

Recent European Directives on race discrimination and religious discrimination are bringing about important changes in UK employment law. New regulations introduced in July 2003 make substantial amendments to the Race Relations Act 1976; and in December 2003 a comprehensive new scheme for the protection of religious beliefs in the workplace comes into force.

This IDS Employment Law Handbook explains the legislative provisions and key case law, together with an in-depth analysis of the likely practical effects of the new laws.

This Handbook focuses on the provisions of the Race Relations Act 1976 (RRA) that outlaw discrimination (including harassment) in recruitment and employment on grounds of colour, race, nationality and ethnic or national origins. It also looks at the provisions of the Employment Equality (Religion or Belief) Regulations 2003 SI 2003/1660 ('the Religion or Belief Regulations') that prohibit discrimination on grounds of religion or similar philosophical belief. Although the RRA also applies to discrimination in education, housing and the provision of goods, facilities and services, this Handbook is concerned only with discrimination in the employment field.

The scheme of the Handbook is as follows:

• Chapter 1 explains the different forms of discrimination made unlawful under the RRA - direct discrimination, indirect discrimination and victimisation - and examines the various grounds upon which discrimination can occur. The chapter also looks at the difficulties complainants can face in proving discrimination and considers the concept of 'institutional racism'.
• Chapter 2 deals with racial harassment, both under the new statutory definition contained in S.3A RRA and under the 'old' law.
• Chapter 3 is concerned with the scope of the RRA in the employment field and explains who is made liable and who is protected by its provisions.
• Chapters 4 and 5 focus on discrimination by employers in particular employment situations such as recruitment, promotion and dismissal. Chapter 5 also covers post-employment discrimination.
• Chapter 6 sets out the specific exemptions from liability under the RRA, including the circumstances in which positive discrimination is permissible.
  
  Chapters 7 and 8 deal with the enforcement of, and remedies for, individual complaints.
• Chapter 9 looks at the role the Commission for Racial Equality plays in enforcing the provisions of the Act.
• Chapter 10 is concerned with the new law governing discrimination on the grounds of religion or belief.

The law is stated as at 1 January 2004.

This Handbook was published in February 2004.