The Employment Act 2002
Covers dispute resolution in the workplace including disciplinary and grievance procedures. To promote equal treatment in employment and occupations. Covers age, gender, race and religion.
Race & Religion
Race Relations Act (RRA) 1976:
The act "allows people to provide facilities to meet the special needs of people from particular racial groups in relation to their training, education or welfare (section 35); and target job training at people from racial groups that are under-represented in a particular area of work, or encourage them to apply for such work." (Commission for Racial Equality - CRE) = Positive Action.
Protects employees against discrimination on the grounds of nationality, colour, ethnic, racial or national group. It also covers people who used to work for you, casual workers, self-employed contractors and people employed through employment agencies. Your customers and clients are similarly protected.
Race Relations (Amendment) Act 2000:
All public bodies are required to eliminate unlawful racial discrimination, promote equality of opportunity and promote good relations between people of different backgrounds.
This act applies to anyone providing goods, facilities or services to the public.
It is unlawful for any such organisations to discriminate by:
*refusing their services or,
*giving their services on less favourable terms or conditions than offered to people of other racial groups.
There are a number of exceptions relating to clubs, associations and charities and to services provided outside of Britain.
Employment Equality (Religion or Belief) Regulations 2003:
These came into effect in December 2003 and protect people from religious discrimination in employment and vocational training and the provision of goods, facilities and services.
Disability
Disability Discrimination Act (DDA) 1995:
This act prevents people against discrimination based upon their disability. It covers all aspects of employment, from recruitment to dismissal, and provision of services to the general public. From October 2004 all employers, regardless of the number of employees, are covered. You are required to make 'reasonable adjustments' to assist the individual reduce or eliminate the effects of their impairment thus allowing them to carry out a job. The Disability Rights Commission Code of Practice provides guidance.
The act defines disabled people as those with a "physical or mental impairment, which has a substantial and long term adverse effect on the ability to carry out normal day to day activities."
The Disability Discrimination Act (DDA) 2005 widened the definition of disability. There is no longer a need for such to be a clinically well mental illness. Progressive conditions such as cancer, HIV & muscular sclerosis may now fall within the definition from the time of their diagnosis.
Providing Services:
Under the DDA, businesses have a duty to make 'reasonable adjustments' for people with disabilities, such as providing extra help or making changes to the way they provide their services. It is unlawful for businesses and service providers to treat people with disabilities less favourably than non disabled people for a reason related to their impairment/disability.
From 1st October 2004 all businesses have to make other 'reasonable adjustments' to the physical features of their premises to overcome physical barriers to access.
The Disability Discrimination Act 2005 places a duty on all public bodies to promote equality for disabled people (disability equality duty-DED). If you provide services under public sector contracts, this applies to you.
Gender/Sexual Orientation
Equal Pay Act 1970:
Both men and women, regardless of race or disability, are entitled to equal pay if they are employed to do work that is:
*Similar
*Rated as equivalent, through a job evaluation
*Of equal value in the demands that are made of them.
Sex Discrimination Act 1975:
Makes it unlawful to discriminate against a person because of their sex or marital status. The Act covers people regardless of the length of service or the number of hours worked.
Sex Discrimination Act Amendment 1999 - Gender Reassignment:
Prevents discrimination against someone who is undergoing a gender reassignment in terms of employment or training. Legislation in 2004 gave transsexuals the legal right to live in their acquired gender. It is unlawful to discriminate against people who are undergoing or who have undertaken gender reassignment (with some limited exceptions in recruitment).
Sex Discrimination (Indirect Discrimination and Burden of Proof) Regulations 2003:
Applicants can claim discrimination from the outset of the recruitment procedures and the burden of proof lies with the employer to prove that they have not discriminated. Sexual harassment or less favourable treatment of women who are pregnant or on maternity leave are forms of unlawful sexual discrimination. Indirect sex discrimination can occur where an employer may treat men and women employees equally but the result puts or would put women at a particular disadvantage when compared with men and cannot be justified.
Employment Equality (Sexual Orientation) Regulations 2003:
These came into force 1 December 2003. The regulations apply to all workers and anyone who applies for work. They cover those employed directly and those covered by some other from of contract and agency workers. They cover membership of trade organisations, the award of qualifications, the services of career guidance organisations, employment agencies and vocational training organisations.
The law allows positive action where you can demonstrate that employees of particular sexual orientation are at a career disadvantage.
Civil Partnerships. From December 2005 same sex couples can now enter into civil partnerships. You should give equal recognition to such relationships - this may include tax, insurance, work benefits, time off to care for dependants/family etc.
Age
Age Discrimination Legislation applies from October 1st 2006, as a result of the EU Employment Directive. This will make it unlawful to discriminate against a person because of their age - a Code of Practice on Age Diversity in Employment has been published by the Department for Education and Employment. Further information is available at www.agepositive.gov.uk
Other significant legislation and regulations
Flexible Working:
Is based upon:
* The Flexible Working (Procedural Requirements) Regulations 2002
* The Flexible Working (Equality, Complaints & Remedies) Regulations 2002, effective 6 April 2003
* ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003
Parents of children aged under 6 or disabled children aged under 18 have the right to apply to work flexibly and you will have a duty to consider these requests seriously. There is no automatic right to change in hours. The right enables mothers and fathers to request to work flexibly. It does not provide an automatic right to work flexibly as there will always be circumstances when you are unable to accommodate the employee's desired work pattern.
National Minimum Age Act 1998:
The rules apply to nearly all workers and sets hourly rates below which pay must not be allowed to fall. The rates set are based on the recommendations of the independent Low Pay Commission. Rates cover the following groups:
* Main (Adult) rate for workers aged 22 and over.
* Development rate for workers aged 18-21 inclusive - the development rate can also apply to workers aged 22 and above during their first 6 months in a new job with a new employer and who are receiving accredited training.
* Young workers - 16 & 17 year olds (from October 2004) - apprentices will be exempt.
Part-time Worker (Prevention of Less Favourable Treatment) Regulations 2002
Self-Explanatory. Also applies to Fixed Term employees.
Working Time Regulations 1998
Working Time (Amendment) Regulations 2002
Relate mainly to the employment of young people.