Equality Act 2010

The Equality Act 2010 replaced anti-discrimination laws with one Act. It legally protects people from workplace discrimination and society. Racial discrimination is just one of the protected characteristics within the act. Racial discrimination is an act or treatment towards an individual because of their race. The treatment could be a one-off action or as a result of a rule or policy based on race. It does NOT have to be intentional to be unlawful.

When is it lawful for someone to be recruited because of their protected characteristic?

There are some circumstances when being treated differently is lawful.

A difference in treatment may be lawful in employment situations in the case of an occupational requirement, for example, this may occur when belonging to a particular gender is essential for the job. This can also be present within an organisation if they taking positive action to encourage or develop people in a racial group that is under-represented or disadvantaged in a role or activity.

What laws/ acts protect individuals against racial discrimination? 

The Race Relations Act 1965 was the first piece of legislation in the UK that addressed the issue of racial discrimination. It was introduced by the Government in response to the increasing population of immigrants to the UK from other Commonwealth countries. 

This was followed by the Race Relations Act 1968, which addressed areas where discrimination was still prevalent that the previous bill had overlooked. This revised act covered unlawful acts of discrimination within employment, housing and advertising.

Today, unlawful acts in regards to racial discrimination fall under the umbrella of the Equality Act 2010. The Equality Act 2010 protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.