Case law: employer liable for indirect racial discrimination

An employer has been found liable for racial discrimination following a racist remark made by a supervisor which was overheard by another employee.

Businesses must have clear policies on all aspects of racial discrimination, and ensure that all staff members are aware of, and abide by, those policies.

In one of the first cases of its kind in the UK, a Maltese national claimed to have overheard racist comments in a conversation between her supervisor and another employee. The tribunal ruled unanimously that the supervisor and the employer were guilty of racial discrimination, and ordered them to pay compensation to the claimant.

The statutory Code of Practice on racial equality in employment (effective from April 2006), published by the Commission for Racial Equality (CRE), gives recommendations and guidance to all businesses on how to avoid unlawful racial discrimination and harassment in the workplace.

Although the code does not have the force of law, failure to follow it may count against an employer defending themselves against a complaint of racial discrimination or harassment at an employment tribunal.

Immediate

Download a copy of the Code of Practice from the CRE website