Article 5 Monitoring by employers

(1)

A person to which this article applies shall,

(a)

before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and

(b)

fulfil those duties in accordance with such arrangements.

(2)

It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong,

(a)

the numbers of—

(i)

staff in post, and

(ii)

applicants for employment, training and promotion, from each such group, and

(b)

where that person has 150 or more full-time staff, the numbers of staff from each such group who—

(i)

receive training;

(ii)

benefit or suffer detriment as a result of its performance assessment procedures;

(iii)

are involved in grievance procedures;

(iv)

are the subject of disciplinary procedures; or

(v)

cease employment with that person.

(3)

Such a person shall publish annually the results of its monitoring under paragraph (2).

(4)

Subject to paragraph (5), this article applies to a body or other person specified in Schedule 1A to the Race Relations Act^f1.

(5)

This article does not apply to—

(a)

a body specified in Part I, II or III of Schedule 2;

(b)

a person specified in Schedule 3;

(c)

a Scottish public authority with mixed functions or no reserved functions, as referred to in section L.2 of Part II of Schedule 5 to the Scotland Act 1998^f2; or

(d)

a cross-border public authority in relation to the exercise of its Scottish functions within the meaning given by that section.

(6)

In paragraph (5) the reference to a “cross-border public authority” is a reference to such an authority within the meaning given by section 88(5) of the Scotland Act 1998.

Annotations

Footnotes

f1: Schedule 1A is amended by the Race Relations Act 1976 (General Statutory Duty) Order 2001 (S.I. 2001/3457).
f2: 1998 c. 46.