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RMT helpline 0800 376 3706 :: february 2013 :: RMTnews
22
One of the biggest obstacles
faced for anti-discrimination
campaigners is the lack of
opportunity for the people they
aim to protect.
Accepted stereotypes of
particular classes inabilities
often meant that disadvantaged
groups relied on the law to react
to complaints rather than
proactively anticipate the
problems.
Independent research led by
Cambridge Professor Robert
Hepple QC identified, prior to
the enactment of the Equality
Act 2010, that the amount of
fragmented anti-discrimination
legislation placed too much
emphasis on state regulation
and too little on the
responsibility of organisations
and individuals to generate
change.
In response, many groups
and a number of reviews have
called for an inclusionary
approach to promoting equality.
By placing the onus on
employers, suppliers of services,
educators or trade unions and
workers associations to take
positive steps to encourage
diversity and avoiding fault-
finding and the need for
retrospective analysis of
decisions.
This inclusionary approach is
a positive duty to reduce the
under-representation of
disadvantaged groups is, in the
long run, more effective than
negative duties not to
discriminate.
The Citizen Advice Bureau in
its own review, realised that
irrespective of legislative
activity over the last thirty
years, including consolidation of
discrimination into a single act,
and despite Governmental
achievements such as civil
partnerships, public sector duties
and community cohesion
initiatives, inequality remains
deeply embedded in our society.
It is understood that with the
current rates of progress it will
take until 2105 to close the gap
in ethnic employment rates.
The TUC’s negotiator guide,
‘Tackling Racism in the
Workplace’ provides a clear
statement on what is required:
“It is worth bearing in mind that
the law in itself does not put a
stop to discrimination – it
cannot be relied upon to
achieve and protect equality
issues; its function is to define
what unlawful discrimination is.
Collective bargaining is a
proactive mechanism for
ensuring that equal rights exist
within the workplace. Therefore,
unions are in a position to
proactively seek out and
challenge discriminatory
practices”.
The task for any progressive
trade union is to recognise the
importance of tackling
inequalities both internally and
with the bosses. Effective trade
unions benefit society as a
whole. It is a well established
principle that the gap between
rich and poor is lower in
countries with strong trade
unions fighting for ordinary
workers. Although, the
standards we set, should not be
one that is lower than what we
expect from the bosses.
A TUC European
investigation (2005) into how
trade unions tackle racism
exposed some astonishing
findings. It discovered that
traditionally, trade unions have
sought to deal with racism in
the workplace by adopting one
or a few of the following six
strategic positions: Protection,
Denial, Delegation, Assimilation,
Self-organisation and Positive
discrimination.
One of the most poignant
factors that the investigation
revealed was an insight on the
London buses. The presence of a
black majority of operating staff
and the long history of black
and ethnic workers creating a
long experience of integration
meant that there were a
significant number of black and
ethnic representatives at the two
lowest levels of the union
(branch officers and garage
stewards). The price paid is
often one of downplaying
discrimination issues.
Another problem identified is
with workers actually taking
employers to tribunal for
discrimination. The problem
explained was in terms of
personal expense and the
possibility of being stereotyped
as a troublemaker.
The concluding
recommendations offered by the
report, recognises racism as a
RMT member Glen Hart
looks at ways to tackle
racism and discrimination
in the workplace
Glen Hart
DEALING WITH
DISCRIMINATION IN THE
WORKPLACE