|  
              
              
              
               May 2002 
              What is it? 
              The Race Relations (Amendment) Act 2000 widens and 
                strengthens the anti-discriminatory provisions of the 1976 Race 
                Relations Act (RRA1976). It also adds a new enforceable duty on 
                key public bodies to promote race equality. The Act fulfils a 
                recommendation made by the Stephen Lawrence Inquiry Report, and 
                goes further extending coverage of the RRA 1976 to the functions 
                of public authorities in general.  
              
              
              What does the 2000 Act do? 
              
              
                 
                 -  
                  
Outlaws discrimination (direct, indirect 
                    and victimisation) in public authority functions not covered 
                    by the 1976 Act and provides remedies. 
                 
                
                 
                 -  
                  
Defines "public authority" 
                    widely as in the Human Rights Act, for the purpose of outlawing 
                    discrimination, so that it includes public functions carried 
                    out by private sector organisations, and has only limited 
                    exemptions. 
                 
                
                 
                 -  
                  
Places a general duty on specified 
                    public authorities to work towards the elimination of unlawful 
                    discrim-ination, and to promote equality. 
                 
                
                 
                 -  
                  
Empowers the Home Secretary to extend this 
                    list of public bodies and include other bodies exercising 
                    public functions that are subject to the Act. 
                 
                
                 
                 -  
                  
Empowers the Scottish Executive (Home Secretary 
                    in England/Wales) to impose specific duties on some/all 
                    public authorities on the general duty to promote race equality. 
                 
                
                 
                 -  
                  
Gives the Commission for Racial Equality (CRE) 
                    powers to enforce the specific duties to be imposed 
                    on public authorities. 
                 
                
                 
                 -  
                  
Gives the CRE powers to issue Codes of 
                    Practice to provide guidance on the Act. 
                 
                
                 
                 -  
                  
Allows race discrimination cases brought against 
                    education bodies to go directly to a sheriff or county court, 
                    without a 2 month "cooling off" period. 
                 
                
                 
                 -  
                  
Makes chief officers of police vicariously 
                    liable for acts of discrimination carried out by their 
                    officers – costs or expenses awarded as a result of a claim 
                    to be paid by the police authority. 
                 
                
                 
                 -  
                  
Removes the powers for a Minister to issue 
                    conclusive certificates that racial discrimination was done 
                    for the purposes of national security and so was not unlawful. 
                 
                
               
              
              
              Specific duties for Scotland 
              On 12 March 2002 the Social Justice Minister announced 
                a range of specific duties to promote race equality for public 
                bodies to comply with. Most bodies will have to produce a comprehensive 
                Race Equality Strategy by 30 November 2002. This has to ensure 
                that detailed policies, services and employment practices address 
                the needs of all Scotland's communities, whatever their race, 
                colour or origin.  
                
              One of the new key duties is to improve access to 
                information and services for people from minority ethnic communities. 
                The Scottish Forum on Translating, Interpreting and Communication 
                has set out some core service standards on translation/communication 
                for local authorities. The guidelines are set out at: 
              
              http://www.scotland.gov.uk/library5/social/sticf-00.asp 
              UNISON's Position 
                
              UNISON has consistently pressed employers to recognise 
                and challenge racism in the workplace. UNISON is working with 
                employers to develop a clear strategy and programme of work to 
                implement their new duties. We are calling for the law to be extended 
                to include private companies.  
              In 2001 a UNISON commissioned UK-wide survey by 
                Labour Research Department revealed that:  
              
              
                 
                 -  
                  
Black and minority ethnic people are still 
                    under-represented in the workplace. 
                 
                
                 
                 -  
                  
Employers claimed to have equal opportunities 
                    policies, but these did not translate into practice. 
                 
                
                 
                 -  
                  
Employers did not necessarily review equalities 
                    policies or set targets to deal with the under-representation 
                    of black / minority ethnic workers. 
                 
                
                 
                 -  
                  
Many black and minority ethnic workers faced 
                    abuse / harassment from the public. 
                 
                
               
              
              Action for UNISON 
                
              Branches should raise the Race Relations (Amendment) 
                Act 2000 with employers, local authorities, health boards, NDPBs, 
                and water authorities. 
              UNISON advises branches/members to: 
              
              
                 
                 -  
                  
 Agree standard categorisation for monitoring 
                    with employers*. 
                 
                
                 
                 -  
                  
 Work with your employer to set targets for 
                    recruitment, promotion and training together with the timetable 
                    within which the targets should be achieved, (targets should 
                    reflect the  
                 
               
                
               
                ethnic composition of the geographic area from 
                  which employees are drawn). 
              
              
              
                 
                 -  
                  
 Review equal opportunity policies with your 
                    employer regularly.  
                 
                
                 
                 -  
                  
 Ensure harassment policies cover harassment 
                    by service users. 
                 
                
                 
                 -  
                  
 Work together with employers on the issue 
                    of institutional racism*. Joint task groups can achieve 
                    successful outcomes in terms of creating an environment that 
                    encourages diversity. 
                 
                
               
              *Ethnic Monitoring Categories for Scotland 
                
              If you operate in a Scotland only organisation / 
                company the CRE recommends using ethnic monitoring categories 
                amended slightly from the 2001 Census: 
               
                
              
              
              What is your ethnic group? 
                
              Choose one from A to E to indicate your cultural 
                background 
                
              
              
              A 	White 
              __Scottish 
                
              Other British: 
              __English 
              __Welsh 
              Other, please state ___________ 
              __Irish 
              Any other White background please state ___________ 
                
              
                
              
              B 	Mixed 
              
                
              Any mixed background please state _____________ 
              
              
                
               
               
              
              
              C 	Asian, Asian Scottish, Asian English, Asian 
                Welsh, or other Asian British 
               	__Indian 
                
              	__Pakistani 
              	__Bangladeshi 
              	__Chinese 
                
              Any other Asian background please state ____________ 
                
              
              
              D	Black, Black Scottish, Black English, Black 
                Welsh, or other Black British 
              	__Caribbean 
                
              	__African 
                
              Any other Black background please state ____________ 
                
              
              
              E	Other ethnic background 
              
              Any other background please state ______ 
              
              
                
              
               
                -  
 
               
               
                 
                    
                
             |