Equality legislation

Two new pieces of equality legislation took effect from the beginning of December. The DTI's website provides information for employers on these new Regulations, including two short notes on the key aspects.

The Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003 outlaw discrimination in employment and vocational training on grounds of sexual orientation, and on grounds of religion or belief. The new laws mean that it is unlawful to deny lesbian, gay and bisexual people, or people of a particular religion or belief, jobs because of prejudice. It enables individuals to take action against harassment, and gives them the right to equal access to training and promotion, whatever their sexual orientation, or religion or belief.

The legislation outlaws

• direct discrimination - treating people less favourably than others on grounds of sexual orientation, or because of their religion or belief
• indirect discrimination - applying a provision, criterion or practice which disadvantages people of a particular sexual orientation, or of a particular religion or belief, and which is not justified in objective terms
• 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 action they have taken under or in connection with the new legislation - for example, making a formal complaint of discrimination or giving evidence in a tribunal case.

The protection applies throughout the employment relationship - during the recruitment process, in the workplace, on dismissal and, in certain circumstances, after the employment has finished. The provisions apply to terms and conditions, pay, promotion, transfers, training and dismissals.
(Source: www.dti.gov.uk/er/equality/index.htm )
...back to 5 December 2003

Employment Equality Regulations

New equality legislation comes into force in December 2003, prohibiting direct discrimination, indirect discrimination, victimisation and harassment on grounds of sexual orientation and of religion or belief. Both sets of Regulations implement aspects of the European directive on equal treatment in employment.

Unlike existing discrimination legislation on the grounds of sex, race and disability, these new Regulations are limited specifically to the areas of employment and vocational training. They apply to

• employers and businesses of any size, in the private or public sector (including the police), in respect of recruitment, terms and conditions, pay, promotion, transfers and dismissals
• office-holders, but not to elected office holders
• barristers in relation to an offer of pupilage or tenancy
• advocates in relation to taking anyone as a pupil
• partnerships within firms
• trade organisations
• qualifications bodies
• providers of vocational training
• employment agencies
• institutions of further and higher education.

The term "sexual orientation" means sexual orientation towards persons of the same sex (homosexuals), persons of the opposite sex (heterosexuals), or persons of the same sex or the opposite sex (bisexuals).

The term "religion or belief" means any religion, religious belief, or similar philosophical belief.

It is unlawful for employers, on the grounds of sexual orientation/religion or belief, to

• discriminate in the context of recruitment, in the way in which candidates are selected for recruitment; in the employment terms that are offered; or in refusing to offer, or deliberately not offering, employment.
• discriminate in the context of employment, in the employment terms that are afforded; in the opportunities afforded for promotion, transfer, training, or the receipt of any benefit; by refusing to afford, or deliberately not affording any such opportunity; by dismissing or subjecting an employee to any other detriment.
• subject any employee, or applicant for employment, to harassment.

Discrimination is

• direct discrimination, where person A discriminates against person B by treating person B less favourably that person A would treat other persons on the grounds of sexual orientation/religion or belief.
• indirect discrimination, where person A, in order to achieve a legitimate objective, applies to person B a provision, criterion or practice that person A would apply equally irrespective of sexual orientation/religion or belief but that
  • puts persons of the same sexual orientation/religion or belief as person B at a particular disadvantage when compared with other persons, and
  • puts person B at that disadvantage, and
  • person A cannot show to be a proportionate means of achieving that objective.

• victimisation, where person A discriminates against person B because person B has brought proceedings, given evidence or information, or otherwise done anything or alleged anything that would amount to a contravention of the Regulations, or intends to do any of these things - unless the evidence, information or allegation was false and not made in good faith.

Harassment occurs where person A, on grounds of sexual orientation/religion or belief, engages in unwanted conduct which has the purpose or effect of violating the dignity of person B, or creating an intimidating, hostile, degrading, humiliating or offensive environment for person B.

Exceptions from the Regulations are provided, for example, where being of a particular sexual orientation/religion or belief is a genuine and determining occupational requirement, or where the employer has religious reasons for employing persons of a particular sexual orientation/religion or belief.

The Employment Equality (Sexual Orientation) Regulations 2003 come into force on 1 December 2003.

The Employment Equality (Religion or Belief) Regulations 2003 come into force on 2 December 2003.

When the Regulations are in force, complaints may be made to an employment tribunal or, in cases involving institutes of further and higher education, proceedings must be brought in the county or sheriff court.
(Source: www.dti.gov.uk/er/equality/eeregs.htm )
...back to 29 August 2003