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Race: key legislation
An outline of issues of equality law specific to race
In England, Scotland and Wales, the Equality Act 2010 brought together and harmonised equality legislation. Our Equality Act 2010 law page contains an overview of the Act and should be read in conjunction with the information here.
Specific issues of the law covering race are also detailed below.
Legislation in Northern Ireland is different, and is covered in the section below. This should be read in conjunction with the following briefing:
England, Scotland and Wales
The Equality Act 2010 provides protection against discrimination, harassment and victimisation on the grounds of race.
Definition
The definition of race includes:
- colour
- nationality
- ethnic origins
- national origins
Protection on the grounds of nationality is subject to compliance with immigration rules.
Previous legislation
The Race Relations Act 1976 (as amended) has been revoked as parts of the Equality Act 2010 commenced. Much of the Act was revoked in October 2010 and the race equality duty was revoked on 6 April 2011.
However, the Race Relations Act can still be relied on where the discriminatory act complained of (such as a case of race discrimination) occurred wholly before 1 October 2010.
The race equality duty has been replaced by the public sector equality duty of the Equality Act 2010. There are separate specific duties for England, Scotland and Wales.
Race-specific law
The Public Order Act 1986 contains specific criminal offences related to the intention of stirring up racial hatred or if someone is likely to stir up racial hatred. This includes threatening, abusive or insulting words or behaviour, materials and public performances.
Higher education institutions will need to be mindful of this in relation to their role in promoting academic freedom, as reflected in the Education Reform Act 1988, and freedom of speech, as obliged by the Education Act (No.2) 1986.
Northern Ireland
The Northern Ireland Act 1998 established the devolved Northern Ireland Assembly. Anti-discrimination legislation is devolved to the Northern Ireland Assembly.
The legislation applies to both staff and students, before, during and after the relationship with the higher education institution. The legislation covers employment, education, and the provision of goods, facilities, services and premises.
Section 75 of the Northern Ireland Act 1998 places Northern Irish public authorities, including higher education institutions, under a duty to have due regard to the need to promote equality of opportunity between people of different racial groups. Public authorities are also required to have regard to the desirability of promoting good relations between people of different racial groups. Northern Irish higher education institutions have to meet specific duties in relation to this general duty.
Further information
The Race Relations (Northern Ireland) Order 1997 prohibits discrimination on the grounds of race, colour, ethnic or national origins and nationality, including belonging to the Irish Traveller community.
The Public Order (Northern Ireland) Order 1987 contains specific offences related to acts intended or likely to stir up racial hatred or arouse fear. This includes threatening, abusive or insulting words or behaviour and materials.
Higher education institutions will need to be mindful of this in relation to their role in promoting academic freedom, as reflected in the Education Reform Act 1988, and freedom of speech, as obliged by the Education Act (No.2) 1986.