In May 2020 it was reported that hate crime directed at south and east Asian communities increased by 21% during the Coronavirus crisis, with shocking examples of offences including harassment and assault, such as punching, spitting and coughing, and verbal abuse.

Race hate crimes are defined by ACAS as:  “acts of violence or hostility against people because of their race” and are both illegal in criminal law, and are also an example of discrimination under the Equality Act 2010, which can amount to gross misconduct.  As such, employers have a responsibility to take all reasonable steps to protect their employees.

Steps that employers can take include:

• Ensuring employees are aware of how they are expected to behave in the workplace, with training around topics such as dignity at work and different cultural backgrounds;
• Putting relevant policies and procedures in place and communicating these;
• Managers may benefit from training to feel confident to be able to appropriately intervene and implement policies if they witness inappropriate behaviour;
• Employees should also be provided with information about how they can report any concerns (about how they or somebody else is being treated) without fear of reprisal;
• In the event that an incident does occur, the organisation should fairly investigate the matter under their disciplinary procedures prior to deciding upon any sanctions;
• Care should also be taken for the welfare of any individual who is a victim or witness, and they may require support from a colleague, friend or family member, and time away from their work to recover.

As incidents may be criminal matters as well as a potential disciplinary issue, ACAS sets out that employers or employees who witness or respond to an incident (particularly involving harassment) can call 999 or 112 in an emergency situation, or make a report online by visiting www.police.uk.As lockdown restrictions are lifted and increasing numbers of employees return to work, some may be experiencing heightened anxiety relating to their personal safety.  This is of course no excuse for any form of discrimination.  Employers are, however, encouraged to recognise the concerns that their employees may have and respond accordingly.  Our recent blog addresses this issue in more detail here.

If you are an employer and would like to discuss the steps you can take to protect your employees, or if you require guidance on how to respond to an incident that has occurred, please contact a member of the View HR team for support.