Racial Equality Code of Practice ' How does it affect employers?
The Commission for Racial Equality (CRE) has recently issued an updated code of practice. Outlining employers' legal obligations under the Race Relations Act 1976 and containing general advice and detailed recommendations on policies, procedures and practices, the code provides a set of recommendations and guidance for employers on how to avoid unlawful racial discrimination and harassment in employment.
The Code of Conduct aims to help employers in the following areas:
- Understanding the Race Relations Act (1976) and awareness of an employer's duties, rights and responsibilities.
- Treating all applicants and workers in the same way.
- Developing good employment practice.
- Attracting and holding the most talented workers available.
- Creating a working environment free from racism.
- Reducing the risk of claims, grievances and litigation.
- Fostering good relations and strengthening the organisation's reputation as a good place to work.
Although the Code does makelegal obligations for private sector employers, tribunals will be looking for evidence that this code has been implemented in cases of grievances and alleged unfair dismissal, so it is important that employers take notice of its guidance.
The Code?s main recommendations are that employers should, firstly, formulate an equal opportunities policy which covers all areas of employment. Secondly, create an action plan, and, of course, put that plan into action.
It recommends that this action plan should involve:
- Promoting the policy as widely as possible.
- Specially training workers who have particular responsibilities under it.
- Collecting information on the ethnic backgrounds of all workers and applicants for promotion, training or jobs, as well as those who are involved in disciplinary actions and complain of grievances about their employment.
- Using the above information to see if their employment policies, procedures and practices are operating fairly.
- Acting on and removing any differences the above information highlights.
- Preventing unlawful racial discrimination and harassment.
Furthermore, the need for:
- Providing training for the entire workforce to ensure that everyone is fully aware of the importance of equal opportunities,
- Monitoring all progress made in the fulfilment of the plan, and
- Reviewing recruitment, selection, promotion and training regularly to ensure the policy is achieving its desired objective,
are all strongly stressed by the document.
Further information and a downloadable copy of the document can be found at www.cre.gov.uk/gdpract.
Taken with the new Age Discrimination Regulations the onus is now on all employers to be both an equal opportunity employer and to be able to show that they are an equal opportuntiy employer.
For further information on the code, or to discuss implementing its recommendations in your organisation, contact HR Advantage on 01494 451681.
September 2006
