We are committed to addressing and eliminating prejudice through our approach to regulation and our work with the sector.
We are clear that where this type of behaviour occurs, it’s not just a safety issue for those who experience it but also for individuals receiving care.
We recognise that SSSC registrants may worry about their decisions and actions in these circumstances. This article aims to help their decision making.
What the law says
Race is a protected characteristic under the Equality Act 2010 (‘the 2010 Act’). Race can refer to an individual’s:
- colour
- nationality (including citizenship)
- ethnic or national origins (which may not be the same as the person’s nationality)
- ethnic or racial group.
There are four main types of racial discrimination, which are set out below.
| Term | Definition | Example |
| Direct discrimination |
Being treated less favourably than another person due to a protected characteristic (including race). This also includes discrimination because of perceptions or assumptions about a person’s protected characteristic, regardless of whether these are correct or not. Direct discrimination can also involve being treated unfairly due to the protected characteristic of someone you know or associate with. This is known as ‘discrimination by association’. |
A worker refuses to provide care to someone using a care service due to their nationality. |
| Indirect discrimination | Where rules or arrangements in practice put those with a particular protected characteristic (including race) at a disadvantage compared to others who do not share this protected characteristic. This can sometimes be permitted if an organisation can clearly demonstrate there is a good reason for the discrimination ie, it is a proportionate means of achieving a legitimate aim. | A social service employer refuses to employ staff members that cover their own hair. This would put any Muslim women or Sikh men who cover their hair at a disadvantage when applying for a position. |
| Harassment |
Unwanted behaviour that either violates a person’s dignity or creates a hostile, degrading, humiliating or offensive environment for a person. Behaviour can be deemed harassment regardless of the intention behind behaviour or reaction after the event. |
Intentionally using racially offensive language towards a black person. |
| Victimisation | Being treated unfairly because you made or supported a complaint raised related to a protected characteristic (including race) or were thought to have done so. | A colleague of a worker gives evidence as a witness to support a claim of harassment against the worker, who is a manager. After that, the worker starts treating the witness unfairly by allocating them extra shifts and not giving them breaks. |
How should registrants behave?
Registrants should always be guided by the SSSC Codes of Practice. In particular, the following paragraphs in the Codes make clear that you must:
- promote diversity and respect all identities, values and cultures (1.6)
- communicate in a respectful, open, accurate and straightforward way (2.2)
- report allegations of…discriminatory behaviour using established systems within appropriate timescales (3.1)
- cooperate and work inclusively and openly with colleagues and others and treat them with respect (5.7)
- not discriminate against individuals, carers or colleagues (6.4)
- not condone any discrimination by individuals, carers or colleagues (6.5)
- behave, while in or outside work, in a way that would bring my suitability to work in social services into question (6.7).
We also have separate guidance for social service workers on using social media on our website.
What can you do if you experience racism connected to your work?
If a colleague or another SSSC registrant acts in a racially discriminatory or abusive manner:
- towards you
- towards another individual when you are present
- on social media
you can:
- record the incident by writing down what happened as soon as possible
- immediately report your concerns to a senior member of staff at your employer, or your employer’s HR department, if appropriate
- raise a concern with us - you can do this at the same time as reporting the concern to your employer, if you want to. Find more information about raising a concern here
- report the matter to the police, if you consider a criminal offence may have been committed.
If an individual using social services acts in a racially discriminatory or abusive manner towards you, or towards a colleague, you should raise your concerns to your employer as soon as possible. Your health and safety at work is your employer’s responsibility. They will have processes in place to keep you safe and free from fear, including if you experience racism, abuse, violence or discrimination.
You should not report matters like this to us. We can only to take action if the person acting in an inappropriate manner is registered, or applying to be registered, with us.
You should also document your professional decision making if you decide to stop providing care to someone because of how they are acting or behaving towards you and the actions you took when withdrawing care from someone for this reason.
If you have concerns about how a social service employer is managing issues relating to racially discriminatory or abusive behaviour, you can refer the matter to the Care Inspectorate. The Care Inspectorate is responsible for regulating services. Get more information about raising a concern with the Care Inspectorate on their website.
How do we deal with concerns relating to racist conduct involving registrants?
When we receive a concern alleging racist conduct by a registrant, we will investigate this in line with our Fitness to Practise Rules. You can read more about our investigation process here.
At the conclusion of a fitness to practise investigation, where we can prove allegations of racist conduct by a registrant, there are several possible outcomes, such as a warning, a warning and conditions, suspension from the Register, suspension and conditions, or removal from the Register.
Further information
You can find more information about our fitness to practise processes on our website: www.sssc.uk.com
For details of how to contact us, see here.
If you are a social service employer and would like to speak to someone about a referral, our employer advice line provides specialist support and advice about our fitness to practise process to employers and higher education institutions (HEIs). You can email us at employerlink@sssc.uk.com or phone 0345 60 30 891 and select the option for employer advice line.