Race Discrimination
The scope of the race discrimination legislation has expanded since it was first
introduced in 1976. The legislation covers discrimination on the grounds of
‘colour, race, nationality or ethnic or national origins’ and whereas the Scots,
the Welsh, etc. were all regarded at one time as being one nationality – British
– the current definition of ‘nationality’ distinguishes Scottish, Welsh, etc. as
separate nationalities. As with other forms of discrimination, direct discrimination
is fairly easy to identify, but indirect discrimination is more difficult to spot
and to prevent.
Employees who believe that they have been discriminated against on racial grounds
can use a statutory questionnaire procedure to ask their employer why they received
the treatment they are complaining about. An
Employment Tribunal is entitled to ‘draw inferences’ of discrimination from
a failure to reply to the questionnaire or from evasive answers.
Citation’s Advocates are all qualified employment specialists and have wide experience in
representing employers at Employment Tribunals.
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