Legislation overview

The key legislation covering race discrimination from 1 October 2010 onwards is the Equality Act 2010. This is the most significant overhaul of the legislation covering race discrimination since the initial 1970's.

For cases arising before 1 October 2010, the key legislation was the Race Relations Act 1976 and the numerous statutory instruments which amended and supported that Act.

Other important legislation included numerous EC Directives including the Race Directive (2000/43/EC) and EC Equal Treatment Framework Directive (2000/78/EC) which helped form some of the UK legislation.

Other legislation which may apply to race discrimination claims include:

  • Racial and Religious Hatred Act 2006
  • Protection from Harassment Act 1997
  • Modern Slavery Act 2015.

There is also a helpful and detailed Code of practice on employment and other non-statutory guidance available on the Equality and Human Rights Commission website.

Q: Who does the race discrimination legislation cover?

Q: Is there case law guidance on the amount of compensation an employer will have to pay an employee who succeeds in a race discrimination claim?

Q: Can an employee bring a claim of race discrimination post-employment?

Q: What types of race discrimination are covered under the Equality Act 2010?

Q: How does the burden of proof apply in race discrimination cases?

Q: What criminal legislation could a race discrimination claim be brought under?

Q: Can an employer justify or defend a claim of race discrimination?

Q: Will an employer always be liable for race discrimination when it has failed to prevent racial harassment of one employee by other employees or by a third party?

Q: Can an employer insist on employees speaking English at work without facing a race discrimination claim?

Q: Can an employee or worker bring a race discrimination claim if they have been working illegally?

Q: Can a person suffer indirect discrimination even if they do not share the same racial ethnic group as the main people affected?

Future developments

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