diverstylegislative framework

7/31/2019 Diverstylegislative Framework

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Business Case Briefing

The Legislative Framework:

Employment laws governing equality in the work place

N.B. this briefing does not provide legal advice

Please note that this section offers an overview of the legislation and its intendedimpacts and effects in general terms. It does not constitute legal advice and shouldnot be used in that way. If you have a particular legal concern regarding equality anddiversity, you should take appropriate legal advice or you may wish to begin with anenquiry to ACASs employer helpline [see links below].

The fundamental aim of equality legislation is to ensure that employees and jobapplicants do not suffer discrimination when seeking work or when in the workplace.

The major legislation in the field of equality is:

Equal Pay Act (1970)

Sex Discrimination Act (1975)

Race Relations Act (1976) Race Relations (Amendment) Act (2000) andAmendment Regulations (2003)

Disability Discrimination Act (1995)

Employment Equality (Religion or Belief ) Regulations (2003)

Employment Equality (Sexual Orientation) Regulations (2003)

Summary of key legislation

Equal Pay Act 1970

The Equal Pay Act 1970, as amended, entitles a woman doing equal work with a

man in the same employment, to equality in pay and terms and conditions. The Equal

Pay Act applies to all employers irrespective of their size and whether they are in the

public or private sector.

Sex Discrimination Act 1975 and 1986 Amendment

The Sex Discrimination Act makes it unlawful to discriminate on grounds of sex inemployment and vocational training, education, housing and the provision of goods,

facilities and services. It also makes it unlawful to discriminate on the grounds of

marriage in relation to employment provision.

The Sex Discrimination (Gender Reassignment) Regulations 1999 extended the SDA

to make it unlawful to discriminate on grounds of gender reassignment, but only in

the areas of employment and vocational training.

Race Relations Act 1976

This Act prohibits discrimination on grounds of colour, race, nationality (including

citizenship) and ethnic or national origin. It applies to discrimination in employment

and vocational training, education, housing and the provision of goods, facilities and

services.


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Race Relations (Amendment) Act 2000

This Act places enforceable duties on public bodies to

To eliminate unlawful discrimination

To promote equality of opportunity and

To promote good relations between persons of different racial groups

Public bodies are required to produce and publish a Race Equality Scheme that sets

how they will meet these duties. As part of their duties, public bodies that purchase

services or contract with private companies require that the companies they contract

with are also compliant with the legislation.

Race Regulations 2003

This regulation made changes to the Race Relations Act 1976. The Regulations offer

protection on the basis of race or ethnic or national origin not colour or nationality.

The original provision of the RRA still stand in relation to colour and nationality. Itbrings in new definitions of indirect discrimination, racial harassment and genuine

occupational requirement. In many aspects of employment practice it mirrors the

Employment Equality Regulations.

Disability Discrimination Act 1995

The Act defines disability as a physical or mental impairment which has a substantial

and long-term adverse effect on a persons ability to carry out normal day to day

activities.

It makes it unlawful for an employer to treat a disabled person less favourably than

they would treat a non-disabled person. The Act applies to all employers regardless

of the size of the company.

Employment Equality (Sexual Orientation) Regulations 2003

This regulation protects workers, including those on vocational training programmes,

from discriminatory employment practices based on actual or perceived sexual

orientation defined as heterosexual, gay, lesbian or bisexual. The controversial

exclusion relates to limited circumstances where religious organisations may lawfully

be able to discriminate on the grounds of sexual orientation.

Employment Equality (Region or Belief ) Regulations 2003

This regulation protects workers, including those on vocational training programmes,

from discriminatory employment practices based on actual or perceived religion or

similar belief defined as religion, religious belief or similar philosophical belief.1

Public BodiesIt is unlawful for a public authority exercising a function of a public nature to performany act which constitutes discrimination. This applies to all the legal grounds fordiscrimination.

Organisations in the public sector are expected to lead the way in carrying out theirfunctions with demonstrable respect for equality and human rights. In the delivery of

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[Extract from Check This A brief guide on equality in the workplace for employers by Fair Play]see useful links page


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services, and in the devising of policies and procedures, public authorities have acrucial role to play in promoting the values and practices of a fair and democraticsociety.

Public Bodies responsibilities:

http://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/businessesorganisationspublicbodies.aspx

A brief guide to equality in the workplace for employers:

http://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplace_for_employers.pdf?page=20131

other:

www.equalityhumanrights.com

www.acas.com

Equality Direct ACAS helpline for Small to Medium sized Enterprises [SMEs]

0845 600 3444
http://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/businessesorganisationspublicbodies.aspxhttp://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/businessesorganisationspublicbodies.aspxhttp://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplace_for_employers.pdf?page=20131http://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplace_for_employers.pdf?page=20131http://www.equalityhumanrights.com/http://www.acas.com/http://www.taylormasontraining.co.uk/http://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/businessesorganisationspublicbodies.aspxhttp://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthorities/pages/businessesorganisationspublicbodies.aspxhttp://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplace_for_employers.pdf?page=20131http://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplace_for_employers.pdf?page=20131http://www.equalityhumanrights.com/http://www.acas.com/

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