The EHRC have highlighted growing evidence of a spike in racism and race hate following the EU referendum and have published an open letter to employers calling on them to show leadership in challenging intolerance. In a blog on the EHRC website, David Isaac, Chair of the EHRC, highlights that latest Police figures show that more than 3,000 hate crimes and incidents were reported in the second half of June – 42% more than last year.

The EHRC have launched a new initiative with a coalition of business organisations, to call on employers to show leadership in challenging intolerance and to ensure their employees who may be experiencing racism in the workplace feel supported. The joint campaign is designed to provide advice on employees’ rights in and outside work, and give important information about where people can go for help, including how to report race hate incidents and harassment.

To assist employers, David Isaac has published an open letter asking them to show leadership in challenging intolerance, support employees and provide advice on what employers can do. The advice includes:

• Be clear that racism and racial harassment will not be tolerated.
• Make sure employees understand the standards of behaviour they can expect from colleagues and customers and that are expected of them.
• Be vigilant in spotting and dealing with any behaviour which could amount to discrimination, harassment or hate incidents in the workplace.
• Ensure that line managers know they have a particularly important role in managing difficult situations that may arise and equip them with the skills to manage such situations.
• Make sure employees know what to do if they experience discrimination, harassment or a hate incident.

Readers will recall that a number of the guidance aspects set out in the EHRC letter were included in the draft communication to staff that the SM&B Employment Team included in last week’s Brexit & Employment Rights update email.

Our advice, together with the EHRC’s list of ‘actions to take’, is a reminder that employers should be doing all they possibly can to prevent discrimination in the workplace, not just from an ethical point of view but also because it will be of assistance in defending a discrimination claim. Employment tribunals can decide that an employer will not be held liable for unlawful acts where it can be shown that all reasonable steps were taken to prevent discrimination and harassment occurring.

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