Race equality

Under the Race Relations Act 1976 there are domestic and European laws that promote race equality.

Race discrimination covers all aspects of employment - from recruitment to pay, and training to the termination of a contract.  It is illegal to treat a person less favourably than others on racial grounds.

Discrimination covers four areas:

  • direct discrimination - treating someone less favourably on racial grounds
  • indirect discrimination - applying practices that might favour one racial, ethnic or national group over another, or applying requirements or conditions that a particular racial group are less likely to be able to comply with  
  • harassment - unwanted conduct that violates a person's dignity and creates a hostile, degrading, humiliating or offensive environment for that person
  • victimisation - unfair treatment of an employee who has made a complaint about racial discrimination. 

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If you wish to make a complaint against your employer on the grounds of racial discrimination, you are advised to try and resolve the problem initially by talking to your headteacher
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However, a job may be restricted to people of a particular race or ethnic or national origin, if one of these characteristics is a genuine occupational requirement. This may apply in certain circumstances - for example, to achieve authenticity, a theatre company may need black actors to depict certain scenes. 

The general duty, as set out in section 71(1) of the Act, says you must have ‘due regard to the need’:

  • to eliminate unlawful racial discrimination
  • to promote equality of opportunity and good relations between persons of different racial groups.  

Specific duties are also imposed by the law on specific public bodies including education bodies. The specific duties are (CRE, 2002:p10):

The Race Relations Act 1976 (Statutory Duties) Order 2001 says that the governing body of a school must:

  • prepare a written statement of its policy for promoting race equality (referred to in this article as its "race equality policy") and
  • have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (3).   

Such a body shall:

  • maintain a copy of the statement
  • fulfil those duties in accordance with such arrangements.  

It shall be the duty of [such] a body to:

  • assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the impact on attainment levels of such pupils
  • monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies including, in particular, their impact on the attainment levels of such pupils.’  

Such a body shall take steps as are reasonably practicable to publish annually the results of its monitoring under this article.

Race equality policy

If you wish to make a complaint against your employer on the grounds of racial discrimination, you are advised to try and resolve the problem initially by talking to your headteacher. Make a note of what has been agreed and any timetable for action. 

If this informal approach does not work then you may decide to use your employer's grievance procedure.   If you are unable to resolve your complaint this way, you may

decide to go to an independent employment tribunal, which will hear your complaint.

There is a three-month deadline for making a complaint to an employment tribunal, so the Commission for Racial Equality advises that you should still make the complaint, telling the tribunal that you are trying to resolve the problem first with your employer. You should ask that the tribunal holds your complaint back until the outcome of your grievance, and then if you are able to resolve it, you can withdraw it at the tribunal. 


You should contact ATL for advice and support if considering taking out a grievance against the employer or referring their case to a tribunal.


For more information, see the Equality and Human Rights Commission website.

 

Help and support 
For further advice on this issue, ATL members can speak to their school rep, their branch secretary or their regional official. They can also call the London (020 7930 6441), Cardiff (029 2046 5000) or Belfast office (02890 327 990) or email info@atl.org.uk.

For out of hours enquiries, call the out of office hours helpline on 020 7782 1612 (Monday-Friday, 5-8pm during term time).

If you are not a member, join now.

 

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