Every year October marks British Black History Month, an important time for us to reflect on the history and importance of racial equality in the UK. This year’s theme is “Standing Firm in Power and Pride”, which acknowledges the leaders and civil rights activists who have worked to break down barriers in employment, business and education.
This year also marks 60 years since the Race Relations Act was passed in 1965, which was the first legislation in the UK to address race discrimination. Whilst it wasn’t as strong as our Equality Act 2010 is today, it was the first step on the road to equality. The 1965 Act was implemented in part because of an employment rights dispute – in 1963 the Bristol Omnibus Company (backed by the Transport and General Workers’ Union) had an admitted policy of refusing to employ Black or Asian drivers, which led to the famous Bristol Bus Boycott drawing widespread attention to race discrimination. The prohibition on race discrimination in employment finally came three years later, in 1968.
This month also marks 15 years since the Equality Act 2010 came into force. Last month’s Government review on the ‘Impact of the Equality Act 2010 on British Society’ notes we are moving towards a “mixed economy” of compliance and enforcement. There is an increasing emphasis of actively working to prevent discrimination over passively avoiding discriminatory behaviour. For example, the duty to prevent sexual harassment in the workplace requires employees to take active “reasonable” steps to prevent it, a duty which will be extended to “all reasonable steps” through the upcoming Employment Rights Bill.
While celebrating the anniversaries of hard-fought legal protections, the reference to “standing firm” in this year’s theme places the focus squarely on the present. Whilst celebrating the progress of the past, Black History Month is a moment for businesses to remind themselves of the importance of complying with their legal obligations. It is important to have clear anti-harassment and discrimination policies in place, but equally as important that staff are aware of the policies and the consequences of breaching them. Training is also important; many race discrimination and harassment claims succeed because of unconscious bias rather than deliberate discrimination, emphasising the necessity for regular training across the workforce.
Statistically, the number of new Employment Tribunal claims being submitted continues to increase. Race discrimination/harassment claims continue to be a common, and recent trends have seen claims arising out of disparity in pay (including bonus awards), recruitment, and dress at work. The message for employers from this year’s Black History Month theme is clear: if you take an active approach to diversity that goes beyond avoiding racial harassment and discrimination, you will not only avoid adverse publicity and financial liability but you will stand to benefit from attracting the best talent and in allowing that talent to flourish in their roles.
If you require advice on race discrimination/harassment, or understanding your legal obligations under the Equality Act 2010, please contact a member of our Employment Team.