You are:

Indirect race discrimination

Indirect discrimination takes place where the employer treats all workers the same way, whatever their race etc, but the result of the treatment is that workers of a particular racial group are disadvantaged.

The easiest way to understand whether indirect discrimination is taking place in your workplace is to ask the following questions in order:

  • Was the worker selected for redundancy or prevented from getting promotion etc because of his/her inability to meet a certain requirement or condition at that time?
  • Was that requirement or condition apparently neutral ie which could be applied to all workers, regardless of their race?
  • Was it compulsory to meet the requirement or condition in order to avoid redundancy or gain promotion etc?
  • Was the requirement or condition one which proportionately fewer people from the same racial group as the worker could meet than people not of the worker’s racial group?
  • Can the employer prove the application of the requirement or condition was justifiable?

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 HQ on 020 7801 2678.

Indirect discrimination checklist

Check to see whether any of the following requirements and conditions apply to your workplace as they may have a discriminatory effect on black workers.

  • qualifications
  • formal qualifications
  • qualifications only obtainable in the UK
  • English language qualifications
  • language/expression/culture
  • English language fluency - written/verbal
  • essay based tests
  • psychometric testing
  • articulation/fluency in interview performance
  • experience/service/paid employment
  • previous kinds of work experience
  • previous kinds of management experience
  • previous (fast) promotions
  • previous breadth/variation of experience
  • previous paid/unpaid employment/relevant experience
  • training courses
  • previous acting up experience
  • dress
  • uniform/dress/no turbans
  • clean-shaven (eg affects Sikhs)
  • attendance/shifts
  • days/hours of work/shifts/flexibility (sabbaths/religious holidays)
  • not taking holiday entitlement at one time
  • limited unpaid/compassionate leave
  • late travel home (danger of racial attacks)