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Under the Race
Relations Act 1976 it is unlawful in employment
to discriminate, either directly or indirectly, on
the grounds of race, colour, nationality or ethnic
origins.
Direct race discrimination occurs when a person is
treated less favourably than another in relation to
recruitment, selection, training, promotion, selection
for redundancy etc, on one of these grounds.
Indirect discrimination is when a person's race,
colour, nationality or ethnic origins prevents him
or her from complying with an unjustifiable requirement
imposed by an employer, or which in practice can be
met by a smaller proportion of that ethnic group etc.
There are a few instances in which specifying race
nationality, colour or ethnicity could qualify as
a 'genuine occupational qualification', for example
when a black actor is required to play a certain role
or for certain types of welfare work.
An employee who believes that she
or he has suffered discrimination on any of these
grounds should bring a complaint to an employment
tribunal within three months of the offending act
or omission.
There are no length of service or age requirements
to bring a claim. This can be done while employment
continues and there is no upper limit on the amount
of compensation a tribunal can award.
The duty of employers to promote race equality in
Scotland, particularly in the public sector, can vary
according to the body that overseas the body.
The amended Race Relations Act applies to England,
Scotland, and Wales but the specific duties imposed
by the Home Secretary only apply to non-devolved authorities
in Scotland.
The Scottish parliament has the right to approve
separate specific orders for Scotland (that is, the
specific duties that will apply in Scotland and the
devolved bodies to which they will apply).
For specific details, visit the CRE
Scotland site, here.
The duties introduced by the Amendment Act came into
full effect in Scotland on 30 November 2002.
The CRE has produced a code of practice for Scotland,
with supporting guidance that reflects devolved matters
Information on dealing with racial violence and harassment
is available on www.homeoffice.gov.uk.
Further information and a Code of Practice can be
obtained from the Commission
for Racial Equality on 020 7939 0000 or www.cre.gov.uk.
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