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IN A NUTSHELL
Page 39
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The new code of practice
From 6 April 2006 the Statutory Code of Practice on Racial Equality in Employment replaces the version that was issued by the CRE in 1984. While it does not have the force of law, employers who have to defend themselves against charges of racial discrimination at a tribunal may find it counts against them if they have not followed the code.
The purpose of the code is to help employers: • Understand the Race Relations Act and be aware of their duties, rights and responsibilities • Treat all applicants and workers in the same way, irrespective of race, colour, nationality or ethnic or national origins • Develop good employment practices in all areas of employment from recruitment to termination of contract • Attract and hold on to the best talent available • Create a working environment free of unlawful racial discrimination and harassment, where morale is high and staff feel respected, valued and ready to give of their best • Reduce the risks of costly and timeconsuming litigation and grievances • Strengthen the organisation's reputation as a good place to work The law says racial discrimination might be direct or indirect. Direct discrimination means treating a person less favourably on racial grounds, for example by rejecting all applicants who are not British. Indirect discrimination applies where an apparently non-discriminatory requirement Is harder for people from a particular racial group to satisfy — for example, asking for a higher standard of English than the job requires.