The Race Relations Act 1976 (Amendment) Regulations 2003

Harassment by employers

6.—(1) In the heading to section 4 of the 1976 Act (discrimination against applicants and employees) omit the words “Discrimination against”.

(2) That section is amended as follows—

(a) after subsection (2) insert—

“(2A) It is unlawful for an employer, in relation to employment by him at an establishment in Great Britain, to subject to harassment a person whom he employs or who has applied to him for employment.”;

(b) in subsection (3) (exception for employment for purposes of private household), after the words “section 2”, insert “or discrimination on grounds of race or ethnic or national origins”; and

(c) after subsection (4) insert—

“(4A) In subsection (2)(c) reference to the dismissal of a person from employment includes, where the discrimination is on grounds of race or ethnic or national origins, reference—

(a) to the termination of that person’s employment by the expiration of any period (including a period expiring by reference to an event or circumstance), not being a termination immediately after which the employment is renewed on the same terms; and

(b) to the termination of that person’s employment by any act of his (including the giving of notice) in circumstances such that he is entitled to terminate it without notice by reason of the conduct of the employer.”.