The Race Relations Act 1976 provides protection to migrant workers within the UK against discrimination in employment, education and housing, provision of goods, facilities, services and premises on the grounds of their race, racial or ethnic origin or nationality. Section 1(1)(a) of the Act prohibits direct discrimination which occurs when there is less favourable treatment on the grounds listed. Section 1(1)(b) prohibits indirect discrimination when a person suffers discrimination because of a requirement or condition, which although it is applied equally to all; only a smaller proportion of a particular racial group are able to comply with it.

More

The Race Relations Act 1976 provides protection to migrant workers within the UK against discrimination in employment, education and housing, provision of goods, facilities, services and premises on the grounds of their race, racial or ethnic origin or nationality. Section 1(1)(a) of the Act prohibits direct discrimination which occurs when there is less favourable treatment on the grounds listed. Section 1(1)(b) prohibits indirect discrimination when a person suffers discrimination because of a requirement or condition, which although it is applied equally to all; only a smaller proportion of a particular racial group are able to comply with it. The Race Relations Amendment Act (2000) under section 1 amends the 1976 Act and extends protection to discrimination by public authorities in the areas above and it also creates, under section 2, a general duty on many public authorities to promote equality of opportunity and good race relations. The Commission for Racial Equality (CRE) was set up under section 43 of the 1976 Act and provides information and advice to victims of racial discrimination, works with public bodies to promote policies and practices of equal treatment, runs equal treatment campaigns and ensures that new legislation is compatible with the Race Relations Acts. The CRE also has legal powers under the legislation to undertake formal investigations of discrimination against particular Companies or in defined areas of activity. They may apply for a restraining order or injunction against organisations believed to persistently discriminate and seek judicial review of the decisions of public bodies, they also assist individuals to seek judicial review.

Parallel legislation exists to prevent discrimination on the grounds of gender, which would also apply to migrant workers. The Sex Discrimination Act (1975) prohibits discrimination under, section 1(1)(a) on the grounds of gender in the areas of employment, education, and the provision and sale of goods, facilities, services and premises. The definition of direct discrimination is the same as that in the Race Relations Act, although the definition of indirect discrimination under section 1(1)(b) is the same as the Race Relations Act, a further definition in 1(2) is wider in the areas of employment and training following the implementation of European Directive 97/80/EC in October 2001. Indirect discrimination is defined in section 1(2) as when a policy practice or criterion affects a disproportionately large amount of women. In the other areas the definition of indirect race discrimination would apply. The Equal Opportunities Commission was established under section 53 of the 1975 Act to work towards eradicating sex discrimination and promote equal opportunity, it provides advice to individuals and businesses and takes landmark legal cases under the legislation.

Under the Treaty of Amsterdam 1997, Article 13, the EU adopted two Directives: the Race Directive 2000/43/EEC which prohibits race discrimination in employment, education, social security, healthcare and access to goods and services; and the Employment Directive 2000/78/EC covering employment on a number of grounds including religion and belief. Both directives would protect migrant workers in the EU discriminated against on grounds of race or religion respectively. There is however a specific exclusion in relation to differential treatment on the grounds of nationality and treatment that relates to the legal entry and status of third party nationals or stateless persons. Migrant workers would therefore have limited redress against discrimination on these grounds. The UK is to implement the Race Directive and the Employment Directive into national legislation by July 2003 and December 2003 respectively, although discrimination on the grounds of age will not be implemented until 2005.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

Hide