When might race discrimination be lawful 

On this page

• Exceptions in employment
  
• Exceptions in housing
  
• Exceptions in services
  
• Exceptions in certain public authorities
  

Exceptions in employment

Work that is for the purpose of a private household where the discrimination is on the grounds of colour or nationality. However, any discrimination on grounds of race or ethnic or national origins is prohibited for work of this purpose.

Discrimination in the employment context on the grounds of race or ethnic or national origins is permissible where being of a particular race or ethnic or national origin is a genuine and determining occupational requirement, and it is proportionate to apply that requirement in a particular case. Discrimination on the grounds of colour and nationality is also permissible where being of a particular racial group is a genuine occupational qualification for the job. The circumstances in which this would apply are identified in the Act.

Where discrimination is on the grounds of colour or nationality and where the employee is employed wholly outside Great Britain, the provisions of the Act do not apply.

Where discrimination is on grounds of race or ethnic or national origin and the employee is wholly employed abroad. However, the employee can claim protection under the Act if the employer has a place of business at an establishment in Great Britain, and the employee is ordinarily resident in Great Britain at the time when he applies or is offered the employment or at any time during the course of the employment.
Seamen recruited from outside Great Britain cannot be discriminated against unless the discrimination is on grounds of nationality and involves pay.

Exceptions in housing

Owner-occupiers selling or letting their property are exempt from the amended Act if they do not advertise or use an estate agent, and the discrimination is on grounds of colour or nationality. This exemption does not apply if the discrimination is on grounds of race, ethnic or national origins.

Rental accommodation in "small premises", where the landlord/landlady or owner or a member of his or her family also live, and where they would have to share facilities with people who are not members of the household. This is exempt if the discrimination is on grounds of colour or nationality, but not if the grounds of discrimination are those of race, ethnic or national origin.

Exceptions in services

The amended Act does not apply to:

• taking in and caring for foster children or elderly people
• clubs, associations and charities set up especially for people from a particular ethnic or national group; discrimination on the basis of nationality or ethnic or national origin is not unlawful, but discrimination based on colour is prohibited.

Exceptions in certain public authorities

 The Act does not apply to:

• the work of the Houses of Parliament or the security services
• judicial or legislative acts and decisions not to prosecute
• certain immigration and nationality functions where discrimination is permitted on grounds of nationality or ethnic or national origin

Additional areas outside the scope of the Act

The following areas are also outside the scope of the Race Relations Act:

• anything written, produced or broadcast by the media — the law of libel applies only to individuals, not to groups of people
• anything done under 'statutory authority' in order to comply with an Act of Parliament (whenever it was passed), or rules or regulations made by a government minister under any law; for example, a parent's choice of school may be racially discriminatory, but quite lawful under the education laws
• racist attacks or harassment on the street or in your home; these could be criminal offences and should be reported to the police (link) Are racial harassment, abuse and violence covered?
• discrimination that occurs in other countries of the EU; however, many countries have their own laws against racial discrimination. The EU race directive, approved in June 2000, required all EU countries to introduce laws outlawing racial discrimination by July 2003.