RACE RELATIONS ACT 1976 (RRA)
| UNITED KINGDOM |
| RACE RELATIONS ACT 1976 (RRA) |
The Race Relations Act 1976 applies to discrimination on the grounds of colour, race, nationality and ethnic and national origins. It applies in Great Britain but not in Northern Ireland. Religious discrimination is not explicitly covered in Britain but separate legislation covers this in Northern Ireland. "Ethnic origin", however, has been interpreted broadly to cover groups with a common or presumed common identity such as Jews or Sikhs. There are important exceptions to the legislation which, for example, allow discrimination on grounds of nationality to preserve immigration controls. Both direct and indirect discrimination are covered by the legislation which applies to all stages of employment: arrangements made for deciding who is offered a job; the terms on which the job is offered; opportunities for promotion, training and transfer; the benefits and services granted to employees; and in job termination or other unfavourable treatment of employees. The Act provides for a few, specific exemptions where it may be a genuine occupational qualification (GOQ) to be a member of a particular race, ethnic group, etc. The list of genuine occupational qualifications includes actors, models, personal welfare offices and certain jobs in places like restaurants where "for reasons of authenticity" a person of a particular racial group is required, for example a Chinese restaurant.
Nothing in the legislation requires discrimination in favour of ethnic minorities and such discrimination would be likely to be unlawful under the legislation. There is only very limited provision for positive action of a narrow kind. For example, training may be provided to equip people from an under-represented group to apply for posts. However no positive discrimination is allowed at the point of selection.
The Race Relations Act covers discrimination by employers, trade unions, professional associations, employment offices and similar bodies and redress may be sought against an individual and their organisation.
Those who consider they have been unlawfully discriminated against can seek redress via an Industrial Tribunal . They may receive assistance in so doing from the CRE, established under the Act. An IT which upholds a complaint may declare the rights of both parties; award compensation , which may include both specific damages (e.g. for loss of earnings) and general damages (e.g. for injury to feelings); and recommend that a particular course of action be taken within a specified period appearing to the IT to be practicable for the purpose of obviating or reducing the adverse effect of the unlawful discrimination on the complainant (for example a recommendation may require an employer to consider the successful applicant for promotion at the next opportunity although it cannot recommend that the applicant be promoted). If a recommendation is not complied with and no reasonable justification is offered then compensation may be increased.
In the context of the extent of race discrimination revealed by research, the number of complaints to tribunals is relatively low. In 1993-1994 some 1,304 cases were dealt with under the RRA. Over half of the claims were withdrawn without reaching a hearing, a minority being settled through conciliation. The success rate for applicants whose cases were heard at tribunal was 26 per cent. in 1993-1994, a marked increase on earlier years. The average compensation awarded was ¥2,900 in 1993.
Explanations for the low applicant success rate include the nature of the tribunal system, which involves an adversarial hearing and in which the applicant bears the burden of proof; narrow interpretation of the legislation, for example what constitutes indirect discrimination; and a lack of expertise on the part of the tribunals, and a reluctance to take account of "social facts" as a context for decision-making in the individual case.
The RRA empowers the CRE to undertake a "formal investigation" into cases of suspected unlawful discrimination and, where it finds unlawful discrimination, to issue a "nondiscrimination notice" which may require the employer (or other body) not to commit any further unlawful discrimination and to keep the Commission informed of the steps taken in order not to do so. If the non-discrimination notice is not successfully appealed against and there is persistent discrimination over five years the Commission can seek an injunction from the courts. The problems of the individual complaint route described above, and the difficulty in getting at structural discrimination, rather than individual instances of discrimination, through complaints by the victims of it underline the importance of the CRE's investigation and enforcement role. The CRE has been more active than the EOC in using its powers but it has been limited in its ability to do so by court interpretations which have placed obstacles in the way of starting an investigation.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.