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Direct race discrimination

What is direct race discrimination?

Direct discrimination is the most obvious form of discrimination.

The fundamental question is whether a person is treated differently due to their race, colour or nationality e.g. 'but for' the fact that the worker was Black, the employer would have promoted him/her.

The central issue that needs to be examined is what the employer does and not what the motives may be.

Whether or not an employer is personally prejudiced or even acts with the best of intentions is not material.

If an employer treats a Black worker differently from how they would treat a White worker in the same circumstances, they have directly discriminated.

Examples of different motives which are unlawful are:

  • loss of business: an employer treats a Black worker differently due to fear of customer disapproval or outside pressure
  • reaction of existing workforce: an employer treats a Black worker differently due to fear of industrial unrest or that a worker will not 'fit in' or that White workers will not take orders from a Black supervisor
  • unconscious discrimination: an employer in fact treats a Black worker differently, but without realising it.

It is clearly easier to show discrimination where the employer displays racial prejudice, rather than showing that unconscious attitudes or stereotyping operated.

Have you experienced a racial incident at work? Are you not able to contact your local union representative? Ring the racial incident hotline at PCS on 020 7801 2678.

Examples of direct discrimination

Mr X, a White owner of a business, hires a Black person as a clerical assistant.

Mr X is told by his White customers that unless he gets rid of the Black worker they will withdraw their custom.

Mr X gets rid of the Black worker to save his business.

Is he liable under the Race Relations Act? Yes, because he got rid of the Black worker on the grounds of the worker's colour.

Mr Y, a Black man who had been employed in a post for a number of years, had a quarrel with a recently employed White worker who was a member of a Far Right political Party and had consistently, since the first day of employment, given Mr Y hell.

The management decided to transfer both from that area of employment. The trade union representative threatened management with industrial action if they transferred the White man.

Management decided to transfer Mr Y to a less interesting job.

Are they liable? Yes. They discriminated by transferring Mr Y alone.

The fact that they did it in order to avert industrial action is irrelevant.