According to the House of Commons Library, The Race Equality Act 1976 extended the definition of discrimination to include indirect discrimination. The Act replaced the Race Relations Board and the Community Relations Commission with the Commission for Racial Equality. Individuals gained the ability to take discrimination complaints directly to civil courts or industrial tribunals. The Commission for Racial Equality was given the responsibility to enforce legislation and conduct research to inform government policy on race relations.
Legislation.gov.uk states that the Race Equality Act 1976 was to make fresh provision with respect to discrimination on racial grounds and relations between people of different racial groups; and to make in the Sex Discrimination Act 1975 amendments for bringing provisions in that Act relating to its administration and enforcement into conformity with the corresponding provisions in this Act.
The intention is clear, the Act was to ensure that race discrimination would be eradicated, so why hasn’t this happened? Some would argue that things have changed. They would be right however, the level of change is not significant.
HR magazine in 2020 noted that there was an increase in reported race discrimination cases (48%). World Justice Project in 2023 stated that racism is getting worse globally. The BBC have spent £1 million on fighting race discrimination cases as quoted by UK Parliament. They are one of many organisations that have spent millions on fighting race discrimination cases of late.
A recent high-profile case (2023), Cox V NHSE&I highlighted the clear acts of racial discrimination that were perpetrated. The overwhelming evidence against her organisation clearly outlined the wanton discrimination and entitlement to behave in a manner to caused harm to Ms Cox. The court recognised the seriousness of the issues and level of discrimination they ruled in Ms Cox’s favour.
Over many years, I have written and said, that I did not believe the Equality Act 2010 has any teeth, particularly regarding race discrimination. Labour has committed to introducing a Race Equality Act which will look to ‘break down barriers to opportunity’, and extend equal pay to Ethnicity and Disability. What I would hope to see is the burden of proof fall on the organisation to show that they have not acted discriminatively. This should be an explicit action rather than an act that occurs after the employee has proved their case.
In current times rhetoric to stoke racial hatred has given rise to race riots, vicious attacks and overt race discrimination in the workplace. Media and the previous government stocked hatred and inertia that has culminated in fear, anxiety and stress within the Black, Asian and minoritised communities. There is no getting over these issues without real action by government, the community and business.
How can we, individually, work towards addressing racial discrimination? See it, Report it! don’t be complicit in your silence. Accountability, hold people to account, don’t just move the person to another department or division, as I have seen happen. Race discrimination is gross misconduct (flagrant and deliberate act). Be Supportive, I have heard cases of individuals being isolated when going through racial discrimination. lack of support from their colleagues, their manager, and their Union. This isn’t right. Don’t assume you can’t help, often you may feel helpless to act. Just being there for the individual can make a huge difference. You can also report the action on behalf of the person if they agree. Protect and give comfort whenever possible. It is mentally draining to deal with racial discrimination.
We may not ever eradicate racial discrimination but we can make sure that we are not silent about it and take action whenever possible.