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

This study examines the effectiveness of the Equality Act 2010 in addressing racial discrimination in the workplace. It discusses the benefits of implementing this act and provides examples of relevant cases. The act protects employees against discrimination based on race, gender, pay, age, and more.

Has the Equality Act 2010
Been Effective in Tackling
Racial Discrimination in the
Workplace

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
Effectiveness of equality act 2010 in tackling racial discrimination in the workplace...............3
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
An unfair treatment, done with employees and people at workplace on the basis of their race
like religion, colour and nationality then it is known as racial discrimination (Small and Pager,
2020). This study is going to discuss some benefits and effectiveness of equality act 2010 as on
which basis it protects employees at workplace. It will discuss benefits of this act for companies
if they implement it within business. It will evaluate some relevant cases where employers of
some retailers and companies discriminate their employees and customers only on the basis of
race.
Effectiveness of equality act 2010 in tackling racial discrimination in the workplace
Equality act 2010: The equality act 2010 is an act of parliament of the UK that is being
developed with the main aim of consolidating, supplementing and updating numerous prior acts
relevant to anti-discrimination law. Before development of this act, there were several other acts
relevant to discrimination on the basis of gender, race and others. For each type of
discrimination, there were equal pay act 1970, sex discrimination act 1975, race relationship act
1976 and others. Each act focus on only one type of discrimination so, by combining all and
providing fair treatment to people on the basis of all gender, race, pay and other, this equality act
2010 has been developed (Hankivsky, de Merich and Christoffersen, 2019).
Now with the help of and implementing only this one act, companies can protect
themselves against lawsuits. Employees at workplace can protect themselves against any kind of
discrimination as they do not need to make use of different types of acts. This act protects
employees at workplace against race, gender, pay, age and other types of discrimination. There
are several real based corporate examples where, this act has been implemented and has
protected employees against harassment, victimisation in employment, disability, beliefs, sexual
orientation and others.
Effectiveness of equality act 2010: Equality act is not only limited to racial, age and
gender discrimination but it protects employees at workplace against maternity, disability,
religion and others. One of the main basis on which, this act is being used to the great extent is
race. Racial discrimination is when, employees at workplace are being nit treated equally only
because of their colour, nationality, origin and ethnic origin. Nationality is all about citizenship
or membership of a particular nation. There are several companies where people or employees

are being discriminated only because of their race, colour, different religion, language and
others.
It is important to make sure that the rights of individuals and protecting them from
discrimination would be existing. Strengthening and anti- discrimination laws are also enforced
by the government so that there would be better operations and make the individuals have better
functioning. Equality act 2010 was a combine of colour, nationality, ethics disability, race, etc.
so that there is going to be more clarity that would be present. Treating unfairly is not right for
all the people and it is important so that the complaints are going to be less. Lifestyle of
individuals has to be maintained so that there is equality and satisfaction of living which is
existing. There are a rise in the race discrimination by 17.75% which is enforcing harassment
and increasing factor so that there is going to be better working. Implementation of this factor is
very essential so that there would be higher functioning and working which is existing so that
there are right actions which are being taken. Surroundings have to be right and make the
behaviour be equal as well which is acceptable so that there is right percentage which is going to
be set. Effectiveness of equality act 2010 is present in UK so that there is a good balance which
is existing in the organization. Fair punishments are being declared as well so that there is going
to be effective legislature. Education is being provided on this aspect as well so that there is
going to be better involvement of living and resolving issues between people. There would be a
good interactions and working which would be present. Campaigns and other options are being
explored by the government to make sure that the people are having the right knowledge and are
not practising them in any way possible. Right resources and commissions which is not bias also
has to be existing to make sure that there is good systematic factor which is current immediate in
the country.
Relevant racial discrimination cases: It is a case of UK’s largest retailer, Tesco that was
accused of racism with Romanian anti-shoplifting posters. This racial discrimination was mainly
based on language in which anti-shoplifting posters were being displayed in the language of
Romania. It impacted on the image of Tesco as it discouraged shoplifters and law-abiding
Romanians who live in the UK (Tesco Accused of Racism with Romanian anti-shoplifting
Posters, 2018). In the favour of the UK, Tesco Spokesperson said that the local police provided
them such posters with advice that all shoplifters should be prosecuted as they have had some
cases of shoplifting. But many people criticised this campaign. It means Tesco, discriminated

people on the basis of their race and target Romania people and it also found that Romanians are
the 2nd biggest immigrant community in the UK. They have to work for longer hours in British
supermarkets, hotels and farms. With the help of this act, this case was taken under
consideration.
Marks and Spencer racism complainant receives more abuse
Another case of Marks and Spencer in which, Faryaal Hussain alleged on Marks and
Spencer that 2 staff of this retailer abused her. She said that both staff followed her into a car
park and then one subjected her to racial abuse. After that she started receiving phone calls with
abusive language. She reported to police that since that day, Hussain was receiving nonstop
abusing calls (Marks and et.al., 2020). From investigation Media and BBC found that Mrs
Hussain was right and she was accused of making the incident up. Marks and Spencer said that it
is investing and will try to find out reasons and the whole story behind it (Bryson, 2017).
After this case and Black lives matter protest have spurred Marks and Spencer’s to
undertake a much overdue review to diversity. They said that they need to take urgent action on
racism in order to improve and regain image (Marks and Spencer to take Urgent Action on
Racism, 2020). In addition, they also said that as an employer, a brand and a retailer we need to
focus on this and need to take immediate action. By implementing equality act and providing fair
treatment to people with different race, image can be improved and it can also help in attracting
customers. After that case, for supporting black lives matter and for regaining image, it said sorry
and accepted its mistake of racism discrimination. After that and for protecting its employees
against racial discrimination, it implemented equality act 2010. It is believed that after
implementation of this act, employees feel safe at its workplace and it has made several positive
changes. This act helped this retailer to the great extent and protected its employees as well as
customers against all types of discrimination and promoted diversity.
Asda loses race discrimination case
There are some another cases of racial discrimination in which Asda has been forced to pay
around £27,750 as a compensation to 37 Asian workers because of racial discrimination. In the
racial discrimination. It is a case of supermarket’s branch in Lutterworth where Leicestershire
ordered his employees for producing a report or document that can prove that they have given
right to work in Britain in an attempt to make sure that company is not employing illegal

immigrants. It was as per them discrimination on the basis of race. It was found that company
had offered illegally an inducement for giving up the collective agreement negotiated by their
union (Georgina., 2020). Because of this racial discrimination, this supermarket was ordered to
pay around £850,000 to all its 340 trade union workers.
Another case happened at Asda in which it was criticised because one of its workers cracked
a joke on race but he was not punished by managers. For warehouse management this retailer
hired a Blackman, named David Connikie and he won his claim, made on racial discrimination
over the joke. When joke was cracked then Connikie asked to colleague Peter that where the
supermarket’s orange spades were stored then on this question, his colleague, Mr. Reddington
replied and said that that’s not spade as that’s are shovel because spades are black. The
employment tribunal heard this joke but manager did not take any action. But after efforts and
with the help of legislations and equality act, made for protecting against discrimination, Mr
Connikie won his case and seek to offer and compensate of around £5,000. He said that he does
not want money as he wants anapology and fair discrimination. He wants policies to be
implemented that can make all people with different age group, race and culture of people safe
and secure (Reece, 2021). So, from these cases, it can be said that racial discrimination is
common but it makes employees feel devalued and demotivated. It also becomes the reason of
employees’ turnover. So, by knowing all consequences and after the development of black lives
matter program, Asda, Tesco implemented appropriate policies and acts for promoting
discrimination (Racism Case Winner Turn Down £5000 compensation, 2020).
They also said that implementation of such policies like equality act 2010 made them able to
improve image, making an effective working culture and taking competitive advantages as well.
Arcadia high basketball coaches accused of racial bias
There is another case of racial discrimination where a basketball coach screamed on a black
student and said that cut your fucking hair. In this case, it was found that Coach Stephen Dan
ford was yelling at a black student at the time of basketball practice. This school is located in an
affluent area of east Phoenix. It found that David, who had been the head coach for at least 6
years at this school asked to black students to cut their hair and never asked to white kids for
getting their hair cut. As per the report, it found that coach asked to white kids privately about
cutting hair and to black kids he screamed in front of all (Elizabeth, 2019).

As per the investigation, the coach was claimed for racial discrimination. In further
investigation it found that students were discriminated and treated on the basis of race. Because
of their colour they were not treated in an effective and fair manner.
So, on the basis of above all cases relevant to racial discrimination it can be said that it all
can be decreased if all companies were bound to implement equality act 2010. This act provides
rights to all employees at workplace by which they can protect themselves against
discrimination. It is believed that when employees work at a fair working environment then it
improves their performance and productivity. It can help companies in taking competitive
advantages.
UK supermarkets unite after Sainsbury's advert prompts racist backlash
Sainsbury's promoted black family for featuring Christmas advertisement for online
backlash. By evening there was a hashtag which came up in the country which was for standing
against racism. This was a racial discrimination which the organization had used to be able to put
forward their ideas and reflect the passionate modern Britain celebration. Sainsbury's faced this
in 2020 when the world was facing this issues of COVID-19 and it is important for the
organization to maintain this (Skopeliti, 2020). There were 180 countries which supported this
stand for racial aspect in order to make sure that there are right governmental acts which can be
implemented. 1.5 million supporters world wide and this would impact the discriminations which
are taking place in the country (Atkinson and et.al., 2018). Challenges have to be overcome and
staying in the world of black lives matter movement has to be accepted as well. This online
advertisement also ran on Channel 4 back to back for two prime time slots which make the event
be more highlighted. Communication from the brand and creative way had to be thought out by
the organization so that there would be better working. The brand had to tweet out about the
advertisement and they did not seem to target anyone in particular so that there is going to be
better functioning. It is observed that there is good involvement of racist tweets which are not
going to be incorporated in the company for racism and no one is welcomed to do so as well. For
being fair the company made sure that they took down the advertisement and had nothing to do
with discrimination though this act. Sainsbury's also promised to make sure that they would
eliminate individual existing which is present in the company and make sure that there are right
working and performance which would be present for the shoppers as well (Ahmed, 2019).

Christmas is a national celebration and must have the right understanding as well so that there
are right operations and this is not acceptable that the black do not celebrate it with them.
Primark faces £47k bill for ‘shocking’ transgender discrimination
Primark faced transgender discrimination when an employee was not treated well in the
organization which is not a good factor. Alexander faced this issue everyday when there was a
mistake in the system of converting her from Miss to Mr. which was put on her name badge as
well. There was a lot of jokes which were passed in from people and manager of the store and
this made her not feel so comfortable in working within such an organization. Environment of
the organization has to be positive so that there are right working spaces (Webber, 2018). There
was a huge compensation which Primark had to serve to Alexander so that the company's name
is not being affected. Primark had to provide the transgender with £47,000 in 2018 since this is a
harassment case which the company would have had to face. By compensating for the mistake
which the other employees of Primark made had a positive impact which is good for the
reputation of the business in the market (Klarsfeld and Cachat-Rosset, 2021). HR also did not
take it seriously when Alexander went for help so that there would be better actions which can be
taken for this act. Sexuality made a lot of difference in this case because of the factor that
Alexander was a female and everyone treated her like a male in the organization. On a large
scale on which the organization is operating the company has to make sure that there are right
treatment which are being done and even for visiting the wash room Alexander got comments
which are not relevant to the working of the firm. Dismissed action were remarked and status led
for resignation from this particular employee (Sidiropoulou, 2020). Legal name was not
considered in the organization and trans genders have to be considered as one so that there is
going to be right policies and legally they are considered equal as well. Primark must have
supervised this aspect so that there is going to be right knowledge and make sure that there are
higher functioning which is present.
Black employee to sue Tesco over systemic racism

Tesco manager treating the employees with this bad influence of environment for the
black workers. It is important that there is good equality which is being present in the overall
working which is existing. Black women was called out from a wrong name and it was because
she did not response and then the manager said that they all look the same to them (Black
employee to sue Tesco over systemic racism, 2021). The male black people are also not treated
the same in Tesco since they are being given night shifts the most which is going to make the
direction of the workplace be affected. Harassment must not take place in any way possible sp
that there is going to be better functioning. Investigations have to take place so that there is going
to be less shock which should be entertained in the company as well. Complains are coming in
for the management of Tesco for discrimination but there are no serious actions which are being
taken for the employees of the company. Black have to be treated like anyone else in the
organization so that there is going to be less afraid of the factors which are present. There are a
lot of campaigns as well which are present because of this case which is black lives matter
movement which included this company in particular as well (Ryan and Gardner, 2021). As the
people are being aware of this aspect there are more cases which are coming up so that the
people are going to get justice. Investigations must be set by Tesco so that they would be able to
make sure that the environment and practises are having a good balance which is going to be
existing which is good for the portfolio of the company as well.
CONCLUSION
From the above report it is analysed that there are a lot of discriminations which are taking
place in the large businesses and compensation are being done. The branding and image of the
company has to be well matched with the clients’ image otherwise the organization can have
negative impact and that is not going to be good for the overall working of the company.
Discriminations are being done in almost all the businesses in some way or another and it is
important to supervise these aspects which would make sure that there is higher performance
which is existing. Complaints on a national level has to be monitored so that there would be
better system and resources which can be well analysed and worked upon. Individuals and on a
large scale this protection has to be provided which would make sure that the working
environment is healthy and there is going to be good sense of direction as well.

REFERENCES
Books and Journals
Ahmed, T., 2019. Brexit, Discrimination and EU (Legal) Tools. European Law Review. 44(4).
pp.515-531.
Atkinson, H and et.al., 2018. Race, ethnicity & equality in UK history: A report and resource for
change.
Bryson, A., 2017. Pay equity after the Equality Act 2010: does sexual orientation still
matter? Work, employment and society. 31(3). pp.483-500.
Hankivsky, O., de Merich, D. and Christoffersen, A., 2019. Equalities ‘devolved’: experiences in
mainstreaming across the UK devolved powers post-equality act 2010. British
Politics. 14(2). pp.141-161.
Klarsfeld, A. and Cachat-Rosset, G., 2021. Equality of Treatment, Opportunity, and Outcomes:
Mapping the Law. In Oxford Research Encyclopedia of Business and Management.
Marks, A.K. and et.al., 2020. Applying the lifespan model of ethnic-racial identity: Exploring
affect, behavior, and cognition to promote well-being. Research in Human Development.
pp.1-23.
Reece, J., 2021. Confronting the Legacy of “Separate but Equal”: Can the History of Race, Real
Estate, and Discrimination Engage and Inform Contemporary Policy?. RSF: The Russell
Sage Foundation Journal of the Social Sciences. 7(1). pp.110-133.
Ryan, A.M. and Gardner, D.M., 2021. Religious Harassment and Bullying in the
Workplace. Dignity and Inclusion at Work. pp.463-487.
Sidiropoulou, K., 2020. Gender Identity Minorities and workplace legislation in Europe (pp. 1-
25). Springer International Publishing.
Small, M.L. and Pager, D., 2020. Sociological perspectives on racial discrimination. Journal of
Economic Perspectives. 34(2). pp.49-67.
Online
Tesco Accused of Racism with Romanian anti-shoplifting Posters. 2018. [ONLINE]. Available
through :< https://www.aljazeera.com/news/2020/11/25/tesco-accused-of-racism-with-romanian-
anti-shoplifting-posters >
Marks and Spencer Racism Complainant Receives more Abuse. 2020. [ONLINE]. Available
through :< https://www.bbc.com/news/uk-england-essex-53847865>

Marks and Spencer to take Urgent Action on Racism. 2020. [ONLINE]. Available through :<
https://www.drapersonline.com/news/ms-to-take-urgent-action-on-racism >
Georgina Fuller, Asda Loses Race Discrimination Case. 2020. [ONLINE]. Available through :<
https://www.personneltoday.com/hr/asda-loses-race-discrimination-case/>
Racism Case Winner Turn Down £5000 compensation. 2020. [ONLINE]. Available through :<
https://www.walesonline.co.uk/news/wales-news/racism-case-winner-turns-down-2448734>
Elizabeth., Whitman. 2019. [ONLINE]. Available through :<
https://www.phoenixnewtimes.com/news/arcadia-basketball-coaches-investigated-for-racial-
discrimination-11306921>
Black employee to sue Tesco over systemic racism, 2021. [Online]. Available Through:
https://www.rllaw.co.uk/black-employee-to-sue-tesco-over-systematic-race-discrimination/
Skopeliti, C., 2020. UK supermarkets unite after Sainsbury's advert prompts racist backlash.
[Online]. Available Through: <https://www.theguardian.com/world/2020/nov/28/uk-
supermarkets-unite-after-sainsburys-advert-prompts-racist-backlash>.
Webber, A., 2018. Primark faces £47k bill for ‘shocking’ transgender discrimination. [Online].
Available Through: <https://www.personneltoday.com/hr/primark-transgender-discrimination/>.