Legislation
Much needed legal protection is now available for workers who may suffer discrimination on account of their race, religion, age, sexual orientation, disability and gender.
This section summarises both existing rights under UK law and rights set out under EC Equality Directives to be implemented over the period of 2003 -2006.
Disclaimer
This information is for guidance purposes only and is not intended to be a full statement of the law. Please seek further advice from a Trade Union, advice centre or solicitor before taking action. While every effort is made to ensure the information is accurate and up to date, only the Tribunals or Courts can give authoritative interpretations of the law.
Race Relations Act 1976
It is unlawful to discriminate against anyone on grounds of race, colour, nationality (including citizenship), or ethnic or national origin.
- The law deals with actions and the effects of actions, not opinions or beliefs
- Discrimination is when someone is treated less favourably on grounds of race, even if this result was unintended
There are four main types of discrimination:
- Direct discrimination
- Indirect discrimination
- Harrassment
- Victimisation
The Act covers all employees including vocational trainees and contract workers.
All aspects of employment are covered from recruitment, selection, promotion, transfer, training, pay and benefits, terms and conditions, redundancy, dismissal.
Exemptions:
- Work for a private household, work mainly or wholly outside Britain, seamen recruited outside Britain, Crown employer, statutory authority, and genuine occupational requirement.
Positive discrimination or affirmative action is not legal. Positive action is legal i.e. encouraging higher participation. Instruction to discriminate is illegal.
Duty to promote race equality by public authorities
- Eliminate unlawful racial discrimination
- Promote equality of opportunity
- Promote good relations between people of different ethnic groups
Race Relations (Amendment) Act 2000
The Race Relations Amendment Act strengthens the 1976 Act in two major ways:
- Extended protection against discrimination by public authorities
- Enforceable general duty on public authorities
A general duty imposed on all public bodies to promote equality of opportunity and good race relations. Private sector employers are not included but the standards expected of public bodies should influence practice in the private sector.
Race Relations Act 1976 (Amendment)
Regulations 2003: The Race Regulations
The regulations relate to discrimination and harassment on the grounds of race or ethnic or national origins.
Discrimination on grounds of colour or nationality is only covered by previous legislation.
- New definition of indirect discrimination
'condition or requirement' replaced with 'provision, criterion or practice' to include more informal as well as formal practices.
- Statutory prohibition of harassment
Clear statement in law that racial harassment is illegal. (Previously not specifically stated in law, although harassment interpreted as indirect discrimination by courts).
- Burden of proof
Once a claimant establishes a 'case to answer' the complaint will be upheld in the absence of a satisfactory explanation.
- Genuine occupational requirement
Categories abolished and any job may now be restricted to a racial group if based on the relevant grounds.
- Relationships that have come to an end
It is now unlawful to discriminate on relevant grounds, even after the employment relationship has ended.
- Exemptions that have now been removed
Partnerships, landlords and tenants, work in a private home, when skills will be used abroad, charities as employers, seamen oversees.
Sex Discrimination Act 1975
- Prohibits discrimination in employment on the grounds of:
- Sex, marital status, gender reassignment, pregnancy, maternity leave
- Includes:
- Direct Discrimination
- Indirect Discrimination
- Harassment
- Victimisation
- Prescribed circumstances:
- Recruitment, treatment at work, dismissal
- Exceptions:
- Charity providing benefits to one sex only
- Genuine occupational requirement
- Ex-employees not generally covered
- Employers liable for discrimination by other workers - but can use taking reasonable steps to prevent this as a defence.
- Burden of proof:
- on employee to show less favourable treatment; then
- on employer to show a non-discriminatory reason for the treatment
Disability Discrimination Act 1995
Protects disabled people in work or looking for work (part-time, full-time, apprenticeship or contract).
Unlawful for an employer to discriminate when you are applying for a job or in employment, including:
- Application forms, interview arrangements, proficiency tests, job offers, terms and conditions, promotion, transfer, training opportunities, benefits, dismissal or redundancy.
Compliance is required by all organisations, irrespective of size or sector.
Exemptions
Armed forces, ship and aircraft crew, work largely or wholly outside the UK.
Reasonable Adjustments
You do not have to declare a disability to an employer but employers can ask all applicants/employees the same questions about disability to help them identify the required adjustments.
Your employer may have to take action to make reasonable adjustments from the time you inform them of your disability.
Employers need to consider reasonable adjustments if current arrangements put you at a substantial disadvantage.
If you and your employer cannot agree on a reasonable adjustment you can:
- Continue informal discussions
- Make a formal complaint or grievance
- Make a complaint to an employment tribunal
Employment Equality Regulations 2003 (Sexual Orientation) (Religion or Belief)
What do they outlaw?
- Direct discrimination - treating people less favourably than others on grounds of sexual orientation or religion or belief
- Indirect discrimination - applying a provision, criterion or practice which disadvantages people of a particular sexual orientation or religion or belief and which is not justified as a proportionate means of achieving a legitimate aim
- Harassment - unwanted conduct that violates people's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment
- Victimisation - treating people less favourably because of something they have done under or in connection with the Regulations, e.g. made a formal complaint of discrimination or given evidence in a tribunal case
What grounds do they cover?
- Discrimination on grounds of sexual orientation, or on grounds of religion, religious belief or similar philosophical belief.
- Discrimination on grounds of perceived as well as actual sexual orientation, religion or religious belief.
- Discrimination by association i.e. on grounds of the sexual orientation, religion or religious belief of those with whom you associate, e.g. friends and/or family.
Does not cover discrimination on grounds of belief not akin to religious or philosophical belief, e.g. political or sporting allegiances.
What aspects of employment do the Regulations cover?
The Regulations apply throughout the employment relationship - recruitment, terms and conditions, pay, promotion, transfers and dismissals and, in certain circumstances, after the employment has ended.
Who do they cover?
The Regulations protect the rights of workers. They apply to all employers/businesses whatever their size and whether in the public or private sector (including the police).
Burden of proof
Employers must prove that treatment is justified and non-discriminatory.
Age Discrimination Legislation
Legislation prohibiting age discrimination in employment and vocational training will be implemented in this country by 2006. However, the Government has published The Code of Practice on Age Diversity in Employment in partnership with organisations such as Age Concern, and the TUC. It provides employers with good practice guidance for tackling age discrimination and promoting age diversity in the workplace.
For more information click http://www.agepositive.gov.uk/codeOfPractice.cfm?sectionid=90
The facts
- The Government has committed to publishing the new laws by the end of 2004 in order to give employers two years to get ready. Guidance is expected to accompany the legislation.
- The laws will be based on familiar concepts found in existing sex and race discrimination laws and will cover direct and indirect discrimination, harassment and victimisation.
- The laws will cover everyone either in or seeking employment or vocational training - this is not just about older workers.
- Claims will be brought at an employment tribunal and there will be no limit on compensation.
- Laws are currently under consultation.
- The third and final stage of consultation will take place Spring/Summer 2004.
More links
The One Workplace Campaign aims to provide information and support to Trade Union officials and members on how to implement these new rights on the ground through our Hotline, and via our events and seminars