1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184 
Race to equality
Page 38
Page 39
If you've noticed an error in this article please click here to report it so we can fix it.
The Race Relations Act 1976 made it unlawful to treat someone less favourably on the grounds of their race, colour, nationality (including citizenship) and national or ethnic origin.
Now a new statutory code of practice on racial equality in employment aims to give employers a clearer understanding of their legal obligations.
Introduced on 6Apr11 by the Commission for Racial Equality (CRE), the code is a set of recommendations and guidance on how to avoid unlawful racial discrimination and harassment in the workplace. It replaces the CRE's original code published in 1984.
Employment tribunals will take the code's recommendations into account as evidence in any legal proceedings brought on or after 6 April 2006 under the Race Relations Act.
The road transport industry needs to look closely at its own particular problem in this area. Despite a continuing shortage of drivers, ethnic minorities are grossly under-represented in the Sector. 'The Road Haulage Association (RHA) says only 3.1% of LGV drivers are from ethnic backgrounds and it remains a sector dominated by white, middle-aged men.
Encouraging diversity
"There are a number of people from ethnic backgrounds working in the sector, so it hasn't put them all off," says Ruth Pott,RHA manager employment affairs. "There are more working in this industry [than previously], although not as many as we would like."
The RHA is trying to encourage more diversity in the industry. "Employment should only be based on skills, not race. Race shouldn't have anything to do with it, because it does not affect a person's ability to perform their job.
"We strongly believe in equal opportunities for everyone, and right now our aim is to get more people into the industry regardless of their age, race or gender." says Poll.
Employer responsibilities
Good employment practices are essential for employers to meet their legal responsibilities, and to avoid claims of racial discrimination and victimisation.
Under the code all employers have a responsibility to understand the provisions of the Race Relations Act and its implications. Employers in the public sector have a duty to construct an equal opportunities policy, to enhance equality for employees of all backgrounds and eliminate racial discrimination. Employers must ensure that their policies aim to: • Treat every job applicant or employee fairly and not on the basis of their racial background • Not put applicants and employees at a disadvantage by conditions or requirements that have an adverse effect on their racial group • Provide training and guidance to relevant staff (eg personnel, managers or foremen) to ensure that they fully understand their position in law • Regularly review existing procedures and make any necessary changes if they are potentially discriminative These are just examples of what the policies should contain. Ideally, procedures should be discussed and agreed with trade unions or employee representatives.
Claims and compensation
Employers will be liable if they are in breach of the Race Relations Act and cannot prove that they have taken every step possible to prevent discrimination. Any breach of the act should be dealt with as thoroughly and quickly as possible because there is a time limit in which claims can go to court or tribunal.The time frame is usually within 28 weeks from the date of the incident,or within six months if an application is made to the Commission for Racial Equality (CRE).
Employees must first raise a written complaint against their employer or fellow employee by conducting a Statutory Grievance Procedure (SOP) or a Statutory Disciplinary and Dismissal Procedure (SDDP) in the workplace. Failure to do this will result in a reduction of any statutory compensation by 10-50%.'I'here will be increased compensation if an employer fails to follow the SOP or SDDP.
Employees should keep a record of communications or meetings with management, including dates, issues discussed and who the meeting was with,This information will help an employee's case later on. •