Hate incidents, Hate crimes

Hate incidents, Hate crimes
http://www.adviceguide.org.uk/wales/discrimination_w/discrimination_about_discrimination_e/hate_crime.htm

Equality Act 2010 – discrimination and your rights
http://www.adviceguide.org.uk/wales/discrimination_w/discrimination_about_discrimination_e/equality_act_2010_discrimination_and_your_rights.htm

“It is unlawful to discriminate against any worker on racial grounds. The Race Relations Act 1976 (RRC76) makes it unlawful to discriminate in:
recruitment
pay (including bonuses and shift premiums)
other terms and conditions (e.g. holidays)
access to opportunities or benefits (e.g. promotion, training, bonuses)
dismissal
or by disadvantaging a worker in any other way on racial grounds
There are three different kinds of discrimination forbidden by law.
1) Direct Discrimination occurs when a worker is treated less favourably on the grounds of race, colour, nationality, ethnic or national origin. Direct discrimination is relatively easy to identify but can be more difficult to prove.
2) Indirect Discrimination is more complicated and can be difficult to prove in a court or tribunal. Indirect discrimination flows from some condition put on applicants for a job if the condition:
is likely to lead to preference being given to one or more racial group rather than others;
it cannot be justified by the requirements of the job
To explain this further it is best to take an example. If a condition in a job ad was that all applicants must have high standards of spoken English then it would clearly discriminate against non-native English speakers. But if the job was working in a call-centre, good spoken English is needed to do the job properly. This would not therefore be indirect discrimination. But if the ad were for a job on an assembly line, it would be likely to be indirect discrimination because you do not need high standards of spoken English to operate routine machinery.
Many cases are not as clear-cut as this, and you will need expert advice if you think you are suffering from indirect discrimination.
3) Victimisation is straightforward and occurs if you are treated less favourably because you have taken action under the Race Relations Act.
Instructions to discriminate
Any manager who tells someone to discriminate on racial grounds, or pressurises them in any other way, to do so is breaking the law. If you are victimised in some way because you do not follow an instruction to discriminate (as it is known in legal jargon) then you are likely to have a strong case to take to an Employment Tribunal. Take advice.
Who is legally liable?
The discrimination you face at work might flow from the actions of your workmates rather than your boss. But your employer is still legally liable. They are responsible for ensuring that there is no racism in the workplace.
In legal jargon this is known as ‘vicarious liability’. The employer can only avoid taking the blame if he or she can show that they have taken reasonable practical steps to prevent discrimination. This should include taking disciplinary action against anyone guilty of racist behaviour.
Your employer has a general duty to provide a safe and healthy workplace. If there is bullying of any kind, or other behaviour which affects your health or ability to do your job, you may be able to use the law to make your employer change their approach.
But individual employees can also be held legally responsible.
An employee who knowingly discriminates against another employee or applicant on the grounds of race, or who aids discriminatory practices, is acting unlawfully. The Commission for Racial Equality’s Code of Practice states that employees have a duty to comply with measures introduced by their employer to ensure equality of opportunity and non-discrimination.”

Incitement to ethnic or racial hatred
“Under the Law of the United Kingdom, “incitement to racial hatred” was established as an offence by the provisions of §§ 17-29 of the Public Order Act 1986. It was first established as a criminal offence in the Race Relations Act 1976. The Criminal Justice and Public Order Act 1994 made publication of material that incited racial hatred an arrestable offence.
This offence refers to:
deliberately provoking hatred of a racial group
distributing racist material to the public
making inflammatory public speeches
creating racist websites on the Internet
inciting inflammatory rumours about an individual or an ethnic group, for the purpose of spreading racial discontent.
Holocaust denial is not covered under this legislation, but laws against incitement to hatred against religions were later established under the Racial and Religious Hatred Act 2006. However this legislation is not present in Scotland.”
ref: http://en.wikipedia.org/wiki/Incitement_to_ethnic_or_racial_hatred

Hate speech laws in the United Kingdom
“Hate speech laws in the United Kingdom are found in several statutes. Expressions of hatred toward someone on account of that person’s colour, race, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation is forbidden.[1][2][3] Any communication which is threatening, abusive or insulting, and is intended to harass, alarm, or distress someone is forbidden.[4] The penalties for hate speech include fines, imprisonment, or both.[5]”
ref: http://en.wikipedia.org/wiki/Hate_speech_laws_in_the_United_Kingdom

 

Incitement to ethnic or racial hatred
“Under the Law of the United Kingdom, “incitement to racial hatred” was established as an offence by the provisions of §§ 17-29 of the Public Order Act 1986. It was first established as a criminal offence in the Race Relations Act 1976. The Criminal Justice and Public Order Act 1994 made publication of material that incited racial hatred an arrestable offence.

This offence refers to:

  • deliberately provoking hatred of a racial group
  • distributing racist material to the public
  • making inflammatory public speeches
  • creating racist websites on the Internet
  • inciting inflammatory rumours about an individual or an ethnic group, for the purpose of spreading racial discontent.

Laws against incitement to hatred against religions were later established under the Racial and Religious Hatred Act 2006. However this legislation is not present in Scotland.”
http://en.wikipedia.org/wiki/Incitement_to_ethnic_or_racial_hatred

 

 

Hate speech laws in the United Kingdom
https://en.wikipedia.org/wiki/Hate_speech_laws_in_the_United_Kingdom