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Race, nationality, ethnic origin, religion and belief discrimination

Discrimination on the grounds of race, nationality and colour, ethnic or national group was made unlawful by the Race Relations Act 1976.      Discrimination on the grounds of religion and belief became unlawful with effect from 2nd December 2003 with the introduction of the Employment Equality (Religion or Belief) Regulations 2003.

There are four types of discrimination :-

1.     Direct discrimination

This exists where there is "less favourable treatment" of an individual compared with the treatment of a person of a different racial group, religion or belief in the same, or not materially different, circumstances on the grounds of race, religion or belief.   

2.     Indirect discrimination

This occurs where a provision, criterion or practice exists which an employer applies or would apply equally to all workers, regardless of their race, ethnic or national origin, religion or belief but where :-

  • the proportion of workers of the same racial etc group as the worker who can comply with it is considerably smaller than the proportion of people not of that racial group who can comply with it; and
  • the requirement is not justifiable irrespective of the colour, race, ethnic or national origin, religion or belief of the worker; and

the worker suffers a detriment because he or she cannot comply with it. 

3.     Victimization

This occurs when a worker is subject to less favourable treatment than others because of having brought proceedings against his employer or any other worker, given evidence or information in connection with such proceedings, taken any other action under or by reference to the discrimination legislation or made any allegation against the employer or any other worker which would amount to a contravention of the relevant legislation.   

4.     Harassment

This occurs on the grounds of race, ethnic or national origin, religion or belief where an employer subjects a worker to unwanted conduct which has the purpose or effect of :-

  • violating the worker's dignity; or
  • creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker.

Where there is a "genuine occupational requirement" to employ a person of a particular race, ethnic or national origin certain exemptions exist but an employer must be able to show that there is a genuine need taking account of the type of work or the context in which the work is carried out.     The same principles apply to religious discrimination but in limited circumstances exemptions apply where an employer needs to employ a person of a particular religion.

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