Indirect Racial Discrimination In Employment Law

Statutory rights relating to employment contracts

All employees have a contract of employment. Equally, all employees receive some level of statutory protection against arbitrary and unreasonable treatment by an employer. Statutory protection can be framed in individual terms, examples are shown below:

Equal pay/equal value

The Equal Pay Act 1970 as amended inserts an equality clause into contracts of employment that can be enforced by an employment tribunal. Under the equal pay act clause enforces equal terms and conditions in the contracts of men and women employed in the same organisation. The clause covers pay and all other contractual terms of employment

Sex discrimination/harassment

It is unlawful to discriminate against an employee

However, examples of indirect racial discrimination in employment turn on the relevance of apparently race neutral job requirements that have a disproportionate effect on ethnic minorities.

Disability discrimination

The Disability Discrimination Act 1995 makes it unlawful for an employer to discriminate against applicants for employment and employees who have a disability in relation to job applications, promotion, training, and contractual terms and benefits. The provisions of the statute cover all employees from permanent to casual. In addition, subcontract workers are also covered. The disability discrimination act is not universal in application. Currently, employers with fewer than 15 workers are exempt from its provisions. Small employers can discriminate against the disabled without the threat of legal sanction.

Maternity rights

The rules and regulations in respect of maternity rights are very complicated. It is important that both the employer and the employee follow them carefully. Some employees have better maternity arrangements than the statutory arrangements. This is usually the result of collective bargaining arrangements in the

To enforce their human rights employees must cite and existing employment right, the infringement of which impacts on their human rights, for example unfair dismissal due to sexual orientation. The latter is not currently covered by the UK’s sex discrimination legislation, but a dismissal on these grounds may be unfair if it infringes rights to privacy. However, the basis of the human rights legislation is a balancing of employer and employee interests and, where those of an employer and employer conflict, an employment tribunal will have to make a judgment on the balance of these