New laws could give BNP members employment rights

New employment laws that came into force today could pave the way for political activists – including members of the British National Party (BNP) - to bring religious discrimination claims in the workplace, experts have warned.

Stuart Chamberlain, an adviser at Consult GEE, an employment consultancy, said that following changes to the Employment Equality (Religious or Belief) Regulations 2003: “Employers need to tread carefully as the potential to discriminate has widened. From today, the regulations will mean that refusing to employ someone or treating an employee differently because of their philosophical beliefs could result in a discrimination claim," he said.

The relevant change concerns the statutory definition of “religion or belief”. Under the previous laws, this was defined as “any religion, religious belief or similar philosophical belief.” However, from today, the word “similar” will be removed with the definition amended to “any religion, or religious or philosophical belief.”

The change means that members of the BNP, such as Mr Baggs, whose religious discrimination claim against a medical practice that refused to interview him failed, could now be successful. Lawyers for Mr Baggs claimed that he was entitled to protection under religious discrimination laws because his membership of the BNP amounted to a “similar philosophical belief” to a religion or other religious belief.

However, the claim was dismissed after the employment tribunal ruled that the word “similar” meant that the philosophical belief in question must be similar in nature to a religious belief and that membership of the BNP did not meet this test. But according to Cath Thorpe, an employment partner at Reynolds Porter Chamberlain: “Under the amended regulations, the Baggs case may well have been decided differently.”

Other lawyers warned the amendment could extend to cover those with other beliefs.

Audrey Williams, an employment expert at Eversheds, said: “While this is a relatively minor amendment to the regulations, there could be far-reaching consequences. For example, it is possible that due to the changes, people who adhere to any shared, philosophical belief system such as animal rights activism or Marxism could also be protected from workplace discrimination.”

However, Consult GEE’s Mr Chamberlain said there are circumstances where it remains possible for an employer to discriminate on the grounds of belief.

“The regulations include a safety net of genuine occupational requirements to avoid situations where it would be unrealistic to expect an employer to not be able to discriminate on the grounds of religious or other belief. For example, a socialist publication is likely to be able to appoint a columnist with socialist views and not fear a discrimination claim from applicants of other political leanings.”

Times Online

Many minorities 'live in poverty'

Some 40% of people from ethnic minority backgrounds are living in poverty, the Joseph Rowntree Foundation has said. The figure is twice as high as it is for white people, and rises to 65% for those of Bangladeshi origin, it says. The charity's research also suggests minorities are still overlooked in the workplace compared with others, despite often having better qualifications.

It says government policy needs an "urgent rethink" but ministers insist new measures are being considered. The foundation classifies individuals and families with incomes 60% of the national average as living in poverty, a measure also used by the government.

Equal opportunity

The foundation said more thought needed to be given to how assistance was targeted to minority groups to ensure equal opportunity in the workplace.

Publishing a series of reports examining the link between poverty and ethnicity, the foundation said 40% of people from minority backgrounds were currently living in poverty. This figure rose as high as 55% for those from Pakistani backgrounds and 45% for black Africans. Almost one in three of those from Indian and black Caribbean backgrounds are below the poverty line.

Success in raising educational standards among minorities had not been rewarded by commensurate progress in the workplace, the reports found. Pakistani and Bangladeshi men with degrees were less likely to be employed than their white counterparts while women from Asian backgrounds suffered high levels of unemployment.

These problems were not confined to first generation immigrants, it concluded, with British-born individuals from minority backgrounds less likely to be in work than their white equivalents.

Ministerial summit

"Although the past decade has seen some improvements, there are still some very serious problems which remain unsolved," said foundation director Julia Unwin. "This research shows how policies need to address the different situation of each group and be followed through on a practical level."

Employment and Welfare Reform Minister Jim Murphy said the lives of ethnic minority groups had improved over the last decade but acknowledged more needed to be done.

"The City Strategy programmes, a new partnership between government and providers, will help to tackle worklessness amongst ethnic minority communities," he said. "The Ethnic Minority Employment Task Force will be proposing new ways of tackling employer discrimination ahead of a ministerial summit early in the summer."

BBC

CRE calls on local groups for 'zero tolerance' in election campaigns

Political parties will be challenged by local groups who use race as a campaign tactic to ignite community tensions and conflicts warned the Commission for Racial Equality today.

The CRE is urging local groups to take a 'zero tolerance' stance against racist activity that seeks to divide local communities in the run up to the election period.

Local partners can play an important part in monitoring organised racist activity, identifying trends, coordinating a local response to increases in racist behaviour, and making sure that victims get the support they need.

Racial hatred is not confined to any single community and where this arises it must be challenged head on. MPs, MSPs, AMs and political leaders will be reminded by the CRE that their campaigns should not use negative stereotyping or misinformation about race to boost votes.

CRE Chair, Kay Hampton said:

The CRE may be the regulators of the Race Relations Act, but our role is not just to wave a big stick. We also expect local authorities to confront the myths, or misinformation others may use and we look to local groups and organisations to act as the 'eyes and ears' within communities.

Together, we must remind political parties of their responsibility to ensure that loose words in the heat of the campaign do not ignite conflicts. We need to nurture an environment in which everyone feels they have a stake in society and we must fight to guarantee that everyone's issues and concerns can be aired in the political arena fairly and accurately.

Promoting good race relations requires leadership and real interaction between and within our communities. It is essential that people are encouraged to support inclusion and reject separatist ideas. This is about changing everyone's attitudes no matter their cultural background or nationality.

Cllr Richard Kemp, vice chair of the Local Government Association, said:

As the only body directly elected by local people to represent them, councils have a duty to ensure that everyone in their locality feels respected and lives with a sense of responsibility and belonging. Local authorities must take the lead in creating safe and cohesive communities where people can thrive, regardless of race, colour or creed.

Councils accept that, particularly at election times, things can be said which people later regret. More worryingly, things can be said which people do not regret and which can undermine community relations and inflame local tensions. At this time councils must be especially vigilant in tackling myths, lies and misdirection wherever they appear.

The CRE has also organised a series of seminars on myth-busting and the law for local authorities and lawyers to help challenge the inaccuracies, racism and misrepresentation that seek to decide to divide our communities.

CRE