Effectiveness of Equality Act 2010 in Tackling Racial Discrimination in the Workplace

"HAS THE EQUALITY ACT 2010 BEEN EFFECTIVE IN TACKILING
RACIAL DISCRIMINATION IN THE WORKPLACE?"
Contents
Introduction
1.CHAPTER ONE:
1.1 Previous and Current Legislation
2. CHAPTER TWO:
1.1 Employment Legislation
1.2 Racial Discrimination at the workplace
3. CHAPTER THREE:
Comparison with US
4. CHAPTER FOUR:
Effectiveness of Equality Act 2010in tackling racial discrimination in the workplace
5. CHAPTER FIVE:
Conclusion and Recommendation
Bibliography

"HAS THE EQUALITY ACT 2010 BEEN EFFECTIVE IN TACKILING RACIAL
DISCRIMINATION IN THE WORKPLACE?"
Introduction:
This dissertation purpose will be examining how the law treats racial discrimination at the
workplace which remains a persistent global problem where work related discrimination is
report to the government every year. The development of legislation will be discussed, also
some benefits and effectiveness of Equality Act 2010 as on which basis it protects
employees at workplace. The dissertation will also focus on proving and arguing on whether
the Equality Act 2010 is effective or needs further improvement, and how the issue of racial
discrimination can be resolved under the Act. It will evaluate some relevant cases where
employers of some retailers, companies and workplaces discriminate their employees based
upon race.
Chapter one it will look at the previous legislation before the Equality Act 2010 passing into
the law and replaced the anti-discrimination laws. It will briefly examine The Equality Act in
more detail and explain the relevant part of legislation.
Chapter two will explain the relevant employment legislation and how the law protect the
employee from discrimination at the workplace. This chapter will also provide an
introduction to the subject of racial discrimination at the workplace.
Chapter three will discuss racial discrimination at the workplace in US and analyse racial
discrimination legislation, including discussion of how such legislation is both similar and
different from the UK.
Chapter four is going to discuss benefits and effectiveness of the Equality Act 2010. The
chapter will evaluate cases of racial discrimination at the workplace and what are the
obstacle in resolving the issue, how the issue can be resolved under the Equality Act 2010.
Chapter five will be the conclusion based on the evidence on how the Equality Act protects
individuals from racial discrimination at the workplace. Comment will be made on racial
discrimination at the workplace regarding legislation. Conclusion will also mention whether
there will be any recommendation for the same.

"HAS THE EQUALITY ACT 2010 BEEN EFFECTIVE IN TACKILING RACIAL
DISCRIMINATION IN THE WORKPLACE?"
Chapter One: Previous and Current Legislation:
Sex Discrimination Act 1975, Race Relation Act 1976 and Disability Discrimination Act 1995
were pieces of legislation that used to cover discrimination before Equality Act 2010. Sex
Discrimination Act 1975 makes it unlawful to discriminate on the grounds of sex and marital
status in the areas of employment, education, also prohibits indirect and direct sex
discrimination.
Race Relation Act 1976 applies in the areas of employment, education, planning, housing
and public services. The Act makes it unlawful to discriminated on the grounds of race,
colour, nationality, ethnic origins and religious beliefs. The Race Relations Amendment Act
2000 came into force in 2001 on the 2nd of April. The law acknowledges the promotion of
racial equality and stresses the importance of race equality within the public authorities.
Disability Discrimination Act came into effect on 2nd of December 1995. This Act makes it
unlawful to discriminate people who have a disability. Disability under the Disability
discrimination Act is defined as the mental or physical impairment with a long-term effect
affecting normal daily activities and abilities to carry out normal routine. The law is effective
in employment, land and property and goods and services. This act was later amended in
2004 and 2005. In 2005 the Disability Discrimination Act was amended and include
discrimination by public authorities as a prohibition.
Equality Act 2010 legally protects people from discrimination in the workplace and in
society. Replaces previous anti-discriminations laws with a single act, making the law easier
to understand and strengthening protection in some areas. It also sets out a series of
protected characteristics against which people cannot be discriminated. Protected
characteristics cover age, sex, gender including gender reassignment, sexual orientation or
marital status, pregnancy and maternity, race, colour, nationality, ethnicity or national
origins, religion or belief and disability. Under the Equality Act, it is unlawful to discriminate
against someone on the grounds of any protected characteristic.

In terms of discrimination they are two type of discrimination, direct and indirect
discrimination. The act also protects people from harassment and victimisation. Direct
discriminations are where a person is treated less favourably than another in relation to
recruitment, selection, training, promotion, selection for redundancy. On the other hand,
indirect discrimination is where a person cannot comply with an unjustifiable requirement
imposed by an employer (because of their protected characteristic) which in practice can be
met by a smaller proportion of that group.
Harassment is unwanted conduct which violates another person's dignity or creates an
intimidating, hostile, degrading, humiliating or offensive environment for someone.
Victimisation is unfair treatment of someone who has made a complain of discrimination or
harassment or supported someone else's complain.
The Act also protects individuals from discrimination in educational institutions, as a
customer, when using public services, renting property, etc.
The main legislation that have merged due to this Act are The Equality Pay act 1970, The Sex
Discrimination Act 1975, The Race Relations Act 1976, The Disability Discrimination Act
1995, The Employment Equality Regulations 2003, and The Equality Act 2006.