Gypsy and Traveller communities and the Equality Act 2010

The Equality and Human Rights Commission has recognised gypsies, or Romanies, and Irish Travellers as distinct ethnic groups. This does not include all members of Gypsy and Traveller communities. Any discrimination against these groups based on their nomadic lifestyle is unlawful. Abuse or harassment suffered by Romanies or Irish Travellers should be pursued as racial harassment or a racially aggravated offence under the Crime and Disorder Act 1998. There is, however, evidence that the Scottish police are not generally aware of travellers being an ethnic group. [1]

In 2008, an employment tribunal case [2] also recognised Scottish Gypsy and Traveller communities as a distinct ethnic group and as a consequence they are protected by the Equality Act 2010.

The Equality and Human Rights Commission should also consider complaints from racial equality councils on the behalf of travellers. Discrimination might include families being turned away from private holiday or mobile homes sites because they are members of Gypsy and Traveller communities. Members of Gypsy and Traveller communities who live in permanent houses may also experience racial discrimination or harassment. Local authorities should have their own policy for dealing with racist incidents.