About Diversity

Overview of Legislation

Every organisation wants the best person for the job. Unequal treatment, prejudice or harassment can discredit any organisation and can be very costly. As an employer we believe that we are responsible for any discriminatory action by your employees

It is unlawful to discriminate on the grounds of someone's age, sex, sexual orientation, marital status, race, colour, nationality, ethnic origin, religion, beliefs or because of a disability, pregnancy or childbirth, or because they are a member or non-member of a trade union. It is also unlawful to discriminate against part-time workers.

This guide will give you an overview of current and future leglisation available to protect you against any form of discrimination.

We have also attached this link to the Equality & Human Rights Commission which provides more indepth information about employees rights.

The following guide will give you an overview of current and future leglisation available to protect you against any form of discrimination.

Guide Index

Equal Pay Act
Sex Discrimination Act
Race Relations Act
Disability Discrimination Act
Human Rights Act
2005 Onwards: Latest & Forthcoming Changes

Date	Act/Directive and Date	Brief summary	Current position
1970	Equal Pay Act	This gives people the right to the same contractual pay and benefits as a person of the opposite sex where work is of equal value.	Applies to both full time and part time employees
1975 Amended 2003 1999	Sex Discrimination Act Genuine Occupational Requirement Gender Reassignment	Applies equally to men, women and children with some exceptions. There is no qualifying period of employment. It covers direct and indirect discrimination. Positive action is legal and positive discrimination is illegal. Sex discrimination can be lawful in recruitment promotion or training if: Being of a particular sex is a genuine occupational qualification for all or some duties of the job. There is an imbalance of one sex who could reasonably do the job. Protection in the workplace from discrimination for transsexuals on the grounds of gender reassignment.	Recent amendment to cover post employment discrimination. Redefined as Genuine Occupational Requirement This is covered by the Employment Equality (sexual Orientation) Regulation 2003 (qv).
1976 Amended 2000 2003	Race Relations Act Race Relations Amendment Act Race Relations Act 1976 (Amendment) Regulations	Covers people of all backgrounds, races and nationalities. Unlawful to treat a person less favourably on the grounds of race, colour, nationality (including citizenship) or national/ethnic group. Provides protection from racial discrimination in employment, education, training, housing, goods services and facilities. Protection provided at every stage, covering permanent employees, contracted services and partnerships. Prohibits direct and indirect discrimination. Does not cover all religions (see Employment Equality (religion & belief) regulations 2003 (qv). Meets and exceeds recommendation 11 of the Stephen Lawrence Inquiry Report. Places a positive General Duty on specified public authorities to: Eliminate unlawful racial discrimination Promote equality of opportunity Promote good relations between persons of all racial groups Authorities with 150+ employees must also monitor grievances, disciplinary action, appraisals/training and dismissals. This act introduced new definitions of indirect discrimination, harassment and continued protection (e.g. when employment comes to an end). It also introduced the burden of proof in tribunals/courts and exception from the prohibition to discriminate in employment where race/ethnicity is a genuine and determining employment requirement.
1995	Disability Discrimination Act	This act protects disabled people in all organisations against discrimination. It covers all aspects of employment, access to goods, facilities and services, education and the management purchase or renting of land/property. It makes it unlawful to discriminate when choosing a person for a job, promotion, dismissal or redundancy. It also places a duty on employers to make reasonable adjustments Discrimination can take two forms. Less favourable treatment and failure to make reasonable adjustments.
Human Rights Act
	European Convention On Human Rights Article Thirteen	Guarantees effective remedial action in a national forum for breaches of the Convention.	Rights include Right to: life, liberty and security, fair trial, respect for private and family life, marry, education, free elections. Prohibition of torture, slavery, forced labour and discrimination, Freedom of thought, conscience, religion, expression, assembly and association. No punishment without law, protection of property. Abolition of the death penalty.
	European Convention On Human Rights Article Fourteen	Freedom from discrimination on any grounds, such as sex, religion, and political view.

2002	Sex Discrimination (Election Candidates) Act 2002	Seeks to remove domestic legal barriers to political parties enabling positive measures to address inequalities in the numbers of men/women elected.
December 2003	Employment Equality (Sexual Orientation) Regulation.	Protects all workers in all businesses (regardless of size). It prohibits direct and indirect discrimination, harassment and victimisation on grounds of sexual orientation and perceived sexual orientation.
December 2003	Employment Equality (Religion & Belief) Regulation.	Prohibits discrimination both direct and indirect, harassment and victimisation on the grounds of religion and belief. Applies to all workers in all businesses in public and private sector. Not confined to mainstream religions and beliefs.
2005 Onwards: Latest & Forthcoming Changes
2005 October	Equal Treatment Directive	Aligns the Sex Discrimination Act more closely with the Race Relations Amendment (2000) Act.
2005 October	Disability Discrimination Act 2005 Amendments	Relaxes the definition of disability for people with mental illness and introduces additional categories (certain cancers, HIV and Multiple Sclerosis) allowing them to be protected from the point of diagnosis. Introduces a duty on employers to promote equal opportunities for disabled people.
2006	Age Discrimination	Draft regulations imminent. Likely that employers will still be entitled to impose a compulsory retirement age of 65 years. Employees entitled to have a request to work longer considered.
2007	Paid Maternity Leave	Plans to increase the period of paid maternity leave. Likely to be 9 months by 2007, and a year by 2010. Some of this leave is transferable to the father
2007	Single Commission	Likely that the single commission will be for Equality and Human Rights and would be responsible for promoting and enforcing all discrimination strands.

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About Diversity

Overview of Legislation