• can only be met by a considerably smaller proportion of people from a particular racial group; and
• which is to the detriment of a person from that group because he or she cannot meet it; and
• the requirement or condition cannot be justified on non-racial grounds.

For example, a rule that employees or pupils must not wear headgear could exclude Sikh men and boys who wear a turban, or Jewish men or boys who wear a yarmulka, in accordance with practice within their racial group.

On grounds of race, ethnic or national origin: 

This occurs when a provision, criterion or practice which, on the face of it, has nothing to do with race and is applied equally to everyone, puts or would put people of the same race or ethnic or national origins at a particular disadvantage when compared with others; and  

• puts a person of that race or ethnic or national origin at that disadvantage; and
• cannot be shown to be a proportionate means of achieving a legitimate aim.

The definition of indirect discrimination on the grounds of race, ethnic or national origin is in general terms broader than on the grounds of colour or nationality and as a result it may be easier to establish racial discrimination than previously on these grounds.

Victimisation
This has a special legal meaning under the Race Relations Act. It occurs if you are treated less favourably than others in the same circumstances because you have complained about racial discrimination, or supported someone else who has. A complaint of racial discrimination means that someone has:

• brought proceedings under the Race Relations Act against the discriminator or anyone else; or
• given evidence or information in connection with proceedings brought by another person under the Race Relations Act; or
• done anything under the Race Relations Act or with reference to it; or
• alleged that a person has acted in a way which would breach the Race Relations Act. The complaint does not need to expressly claim discrimination when making the complaint.

Harassment
The definition of harassment introduced by the Race Relations Act 1976 (Amendment) Regulations 2003 applies when the discrimination is on grounds of race or ethnic or national origins, but not colour or nationality. Harassment on grounds of colour or nationality amounts to less favourable treatment and may be unlawful direct discrimination.

A person harasses another on grounds of race or ethnic or national origins when he or she engages in unwanted conduct that has the purpose or effect of:

• violating that other persons dignity; or creating an intimidating or hostile, degrading, humiliating or offensive environment for them.
• Harassment is unlawful not only in the context of employment, but also within partnerships, trade unions, qualifying bodies, vocational training and employment agencies.

What types of claim are possible under the Act?
The following types of discrimination claim are possible under the Race Relations Act:

Employment
All aspects of employment, including recruitment, selection, promotion, transfer, training, pay and benefits, redundancy, dismissal and terms and conditions of work are protected by the Act.  The only real exceptions to this are some work in private households, a genuine and determining occupational requirement for a role, and British Citizen’s who are employed wholly abroad. 

The provision of goods or services 
This applies to a breach of the Race Relations Act by anyone providing goods, facilities or services to the public; for example: hotels, shops, banks, insurance companies, financial services, cinemas, theatres, bars, restaurants, pubs, places of entertainment or refreshment, transport and travel services, and services provided by any local or public authority and by any profession or trade.

Education
This covers admission, treatment as a pupil or student, and exclusion, as well as decisions by local education authorities and applies to early years providers, schools (including special schools), colleges, universities, local education authorities and governors of schools and colleges.

Housing
This applies to the selling, letting or managing of property (including business premises), making it unlawful to discriminate in the way any of these activities are conducted.

Public services
The Race Relations (Amendment) Act 2000 brought within the remit of racial discrimination law the control and law enforcement functions of Government agencies. The regulatory functions of local authorities, including environmental health, trading standards, licensing, and child protection now fall within the scope of the amended Act. This amendment was far reaching and placed a positive duty on public authorities to prevent discrimination occurring and to promote racial equality.  

The law enforcement functions of Government that fall within the range of the amended Act are the Police, the Crown Prosecution Service, Prison Service, Probation Service, Customs and Excise, and the Immigration Service.

There are certain exceptions to the above but in practice these relate to very specific public services such as; judicial acts, decisions not to prosecute, or some limited immigration and nationality functions. 

How can Cheshire , Halton & Warrington Racial Equality Council help me?
We employ a full time caseworker who will give you free, confidential legal advice and assistance. If we think that your case has a more than 50% chance of success we will represent you or refer your case to someone else who can. Please read our full casework policy for further information about the conditions of assistance.

I want to take a claim, what happens next?
The process of making a claim of racial discrimination takes time.  Employment cases are heard at an employment tribunal and all others by a county court.  There are strict time limits on claiming discrimination - three months for employment cases and six months for everything else.  Although there are possible extensions to those time times, you should come and see us as soon as the incident happens.

When you see the caseworker, bring with you as much information as you can including all relevant documents, as the caseworker will need to take copies of these for the file.  He will take a statement from you and advise you of the next steps he will take on your behalf.

Generally, in racial discrimination cases the next stage will be service of an RR65 questionnaire on the individual or organisation you are claiming against. This questionnaire sets out your claim and asks questions designed to elicit evidence to support your case.  The reply to this will help us to assess the strength of your claim.

The next stage is to make a claim to the tribunal or county court.  Tribunal applications are free of charge, but for county court claims in most cases you have to pay a court fee to make a claim (unless the fee is waived in accordance with the rules on low income).

In employment cases, the tribunal often requests a case management discussion in order to clarify the issues and make sure everything runs smoothly on the day of the hearing. The hearing itself can last for more than one day, depending how complicated your case is, the number of witnesses, and what facts need to be proved to show discrimination.           

How long will all this take?
It really depends on how complicated your case is, factually or legally. If you have an employment case you will have to exhaust the grievance procedure first, which takes time.  Once an employment tribunal accepts a case, it usually takes between 3 and 6 months for the case to be heard.

Bear in mind that an employment tribunal cannot accept a claim unless a grievance has been made to the employer and they have responded or 28 days have lapsed for them to give a response.  Also, note that even when a claim is accepted by an employment tribunal in practical terms very few cases reach the stage of a hearing as the majority of cases are settled before the hearing or early on before proceedings are started.

What sorts of cases have you dealt with?
Some examples of cases that we have recently supported are:

• A migrant worker of Polish origin who received verbal racist abuse and was given the worst jobs
• Irish Travellers who were refused entry at a local leisure centre because they had a ‘No Traveller’ policy  
• A tenant of Asian racial origin who was discriminated against on racial and religious grounds in private housing
• A hospital employee of Black South African origin who suffered racial discrimination and harassment from colleagues and then was dismissed when they complained.

Area Administrator Steve Trundle - Western Area (Chester, Ellesmere Port & Neston and Vale Royal) -Tel: 01244 613026 Email: steven.trundle@cheshire.pnn.police.uk

The Hate Crime Advisor Ellie Acton from the Cheshire Headquarters Diversity Advisory Unit can be contacted on 01244 614549 or emailed ellie.acton@cheshire.pnn.police.uk  

To report an incident on-line go to http://www.online.police.uk/english/default.asp

When are you open?     
We are open for drop in office hours of 10am-12pm and 2pm-4pm Monday-Friday, but appointments are available outside of those times.

If you are unable to come into our office to access the casework service, then our caseworker will arrange an appointment at another suitable venue.