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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Are they allowed to post a job advert like this?

68 replies

Echobeachfarawayintime · 27/09/2022 16:06

I'm with an agency who are looking for a support worker for tomorrow.
It's a mental health setting and they've posted that the support worker 'must be white' in order to not upset the client's mental health.
Are they really allowed to post stuff like this?

OP posts:
TimeforZeroes · 27/09/2022 16:08

Oh god I don’t know! I imagine it’s someone with dementia or somesuch whereby they can’t be considered to have mental capacity and they wouldn’t want to compromise the safety of the worker?

Original poster
Echobeachfarawayintime · 27/09/2022 16:09

It's implied that the client has used racist language before. But even so, I'm not sure they're allowed to specify it must be a white support worker?

OP posts:
MarmiteCoriander · 27/09/2022 16:10

They can advertise for a male or female careworker only, but there is always a small print saying 'under the discrimination act ..... this job is exempt.....' So maybe its the same?

Original poster
Echobeachfarawayintime · 27/09/2022 16:11

Yes I've seen the male or female thing a few times... I'll have to read more into the discrimination act.

OP posts:
Galarunner · 27/09/2022 16:14

I'm not sure of its legality, but it sort of makes sense, if someone doesn't have full capacity and would be racist and refuse support from a non white person it would be a waste of everyone's time to send a non white person. There could be an argument that a client like that just shouldn't get support but if they are a danger to themselves and other support has to be in place. What a difficult one!

Notlosinganyweight · 27/09/2022 16:17

I think the question you need to ask is if you would want to work for that person if they have such appalling attitudes. I don't think it is right to put it on the advert personally, but I think it is worse putting someone in a situation where they are likely to be on the end of abuse too and be aware that it is likely to happen snd not protect them. It's a difficult one and it does sound discriminatory, but I think the intention is to protect the worker.

Sadly I have dealt with people who hold these attitudes while support working.

Mrsjayy · 27/09/2022 16:17

I think they probably can the wording is really direct isn't it ? But if the person is likely to be racist then I can see why they asked!

Prinnny · 27/09/2022 16:19

I think it’s probably a good thing that it’s specified. The racism and risk of abuse/attack has obviously been deemed a significant risk and the agency is trying to safeguard its staff.

VladmirsPoutine · 27/09/2022 16:19

I've always said it's a damn good thing I don't work in any healthcare setting because I would happily smile and walk away if a patient said they didn't want treatment from a black person.
I don't know whether the circumstances you describe however exempt this from the discrimination act.

RJnomore1 · 27/09/2022 16:19

There is some element of being able to specify ethnicity if it’s a genuine occupational requirement, for some reason what’s coming to my memory is chefs from a specific culture. This sounds - odd.

SerendipityJane · 27/09/2022 16:21

Have they got a colour chart for you to check against ? Just to make sure you are white enough ?

HappyHamsters · 27/09/2022 16:23

I wouldnt apply for a job where I was at risk of being racially abused by a client so its probably there to safegaurd the staff and client

VanillaSpiceCandle · 27/09/2022 16:34

I’d say someone like that doesn’t deserve any help. Leave them to it and see how they get on.

I think that job spec is on such dodgy ground it’s probably been triple checked by legal. Most likely to reduce the chance of the new employee being abused.

Galarunner · 27/09/2022 16:38

VanillaSpiceCandle · 27/09/2022 16:34

I’d say someone like that doesn’t deserve any help. Leave them to it and see how they get on.

I think that job spec is on such dodgy ground it’s probably been triple checked by legal. Most likely to reduce the chance of the new employee being abused.

What if that person is a danger to others due to reduced capacity or has dementia?

mytearsricochet · 27/09/2022 16:39

I’ve worked in mental health settings and have come across patients who are racist. Staff members can refuse to work with a patient who is racist towards them (or is likely to be racist towards them) but the patients wouldn’t just be allowed to specify that they’ll only work with white people.

candycaneframe · 27/09/2022 16:42

There are exceptions from anti discrimination legislation for reasons and jobs like this. So yes, they're able to do this as long as the correct process was undertaken

TimeforZeroes · 27/09/2022 16:46

I think someone with dementia who could well be reliving a troubled past regarding abuse with a person of colour could be excused from having mental capacity surely?

lannistunut · 27/09/2022 16:49

I am surprised this is allowed as thught the man/woman thing was to do with personal dignity? I am not sure anyone has the right to not be offended because they are a racist.

50percentNamaste50percentGoFuckYourself · 27/09/2022 16:49

No, they absolutely can't.

swimlyn · 27/09/2022 16:55

Being racist AND needing your arse wiped (or equivalent) in old age.

A hell of a dilemma...

FamBae · 27/09/2022 16:57

I'm pretty sure that the Health & Safety at Work Act overrides all others (though I have not worked in HR for many years), but it has been accused in the past of being used as an excuse not to employ, in this case it just seems like common sense.

candycaneframe · 27/09/2022 16:57

50percentNamaste50percentGoFuckYourself · 27/09/2022 16:49

No, they absolutely can't.

You seem to have 0 idea around ORs

They absolutely can specify race, sex, sexual orientation if the requirements are met when advertising the role.

lannistunut · 27/09/2022 17:00

candycaneframe · 27/09/2022 16:57

You seem to have 0 idea around ORs

They absolutely can specify race, sex, sexual orientation if the requirements are met when advertising the role.

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Every day is a school day!

Musti · 27/09/2022 17:02

That’s abhorrent. I wish they’d let racist idiots lie in their own racist filth.

Pengwinn · 27/09/2022 17:04

You can tell who have worked in mental health settings and who hasn't. Whilst racism is never acceptable of course some people are very poorly and do not have capacity, it's not the case that they're simply an awful person necessarily. I'm not sure on the job advert but fair play to the agency, they're no doubt doing it to protect staff. As a black woman I'd know not to book the shift.