Statutory Code of Practice on Racial Equality in Employment 

Summary

This code replaces the statutory Code of Practice For the Elimination of Racial Discrimination and the Promotion of Equality of Opportunity in Employment, issued by the Commission for Racial Equality (CRE) in 1984 under the Race Relations Act 1976 (RRA).

References in this code to the RRA include all subsequent amending legislation.

The RRA gives the CRE a legal duty to:

a. work towards the elimination of racial discrimination and harassment;

b. promote equality of opportunity and good relations between people from different racial groups; and

c. keep under review the way the RRA is working, and, if necessary, make proposals to the secretary of state for amending it.

1.4 Section 47 of the RRA gives the CRE the power to issue codes of practice in the field of employment, and to give such practical guidance as it sees fit.

The purpose of this code is to:

a. give employers and principals practical guidance on how to prevent unlawful racial discrimination, and achieve equality of opportunity in the field of employment;

b. help employers and others who have duties under the employment provisions of the RRA to understand their responsibilities and rights;

c. help lawyers and other advisers to advise their clients;

d. give employment tribunals and courts clear guidelines on good equal opportunities practice in employment; and

e. make sure anyone who is considering bringing legal proceedings under the RRA, or attempting to negotiate in the workplace, understands the legislation and is aware of good practice in the field of employment.

This code is a statutory code. This means it has been approved by the secretary of state and laid before parliament. The code does not impose any legal obligations.

Nor is it an authoritative statement of the law; only the courts and employment tribunals can provide this. However, the code can be used in evidence in legal proceedings brought under the RRA. Courts and tribunals must take account of any part of the code that might be relevant to a question arising during those proceedings.

Employers are liable for acts of unlawful racial discrimination or harassment by their workers. However, employers should be able to defend themselves better in any case of alleged racial discrimination brought against the organisation, if they can show they have taken the steps recommended in this code.