United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 (c 40) is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to ...
. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the
Trade Union and Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland.
The law con ...
, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or
trade union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
, or with advice from a solicitor,
ACAS
The Advisory, Conciliation and Arbitration Service (Acas) is a Crown non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong ...
or the
Citizens Advice Bureau
Citizens AdviceCitizens Advice is the operating name of The National Association of Citizens Advice Bureaux which is the umbrella charity for a wider network of local advice centres. The abbreviation CitA is sometimes used to refer to this nation ...
a claim may be brought in an
employment tribunal
Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, red ...
. The
Equality Act 2006
The Equality Act 2006 (c 3) is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comp ...
established the
Equality and Human Rights Commission
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of eq ...
, a body designed to strengthen enforcement of equality laws.
Discrimination is unlawful when an employer is hiring a person, in the terms and conditions of contract that are offered, in making a decision to dismiss a worker, or any other kind of detriment. "Direct discrimination", which means treating a person less favourably than another who lacks the protected characteristic, is always unjustified and unlawful, with the exception of age. It is lawful to discriminate against a person because of their age, however, only if there is a legitimate business justification accepted by a court. Where there is an "occupational requirement" direct discrimination is lawful, so that for instance an employer could refuse to hire a male actor to play a female role in a play, where that is indispensable for the job. "Indirect discrimination" is also unlawful, and this exists when an employer applies a policy to their workplace that affects everyone equally, but it has a disparate impact on a greater proportion of people of one group with a protected characteristic than another, and there is no good business justification for that practice. Disability differs from other protected characteristics in that employers are under a positive duty to make reasonable adjustments to their workplace to accommodate the needs of disabled staff. For age, belief, sex, race, gender reassignment and sexuality there is generally no positive obligation to promote equality, and positive discrimination is generally circumscribed by the principle that merit must be regarded as the most important characteristic of a person. In the field of equal pay between men and women, the rules differ in the scope for comparators. Any dismissal because of discrimination is automatically unfair and entitles a person to claim under the
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
History
Previous statutes, dating from the Contracts of Employment ...
section 94 no matter how long they have worked.
History
Anti-discrimination law is a recent development. Religious discrimination was first tackled by laws aimed at Roman Catholics. The
Papists Act 1778
The Papists Act 1778 is an Act of the Parliament of Great Britain (18 George III c. 60) and was the first Act for Roman Catholic relief. Later in 1778 it was also enacted by the Parliament of Ireland.
Before the Act, a number of "Penal laws" ...
was the first act that addressed legal discrimination against Roman Catholics, but it was not until the
Roman Catholic Relief Act 1829
The Catholic Relief Act 1829, also known as the Catholic Emancipation Act 1829, was passed by the Parliament of the United Kingdom in 1829. It was the culmination of the process of Catholic emancipation throughout the United Kingdom of Great Br ...
that Catholics were considered fully emancipated. A year later, in 1830, debates began on the subject of making similar provisions for Jews. A strong Tory lobby in Parliament prevented any furtherance of this cause until the Religious Opinions Act 1846, although this only went some way towards acceptance of all religious viewpoints. It was only the
Reform Act 1867
The Representation of the People Act 1867, 30 & 31 Vict. c. 102 (known as the Reform Act 1867 or the Second Reform Act) was a piece of British legislation that enfranchised part of the urban male working class in England and Wales for the first ...
that saw extension of the vote to every male householder. Women were also marginalised from general social participation. The first changes came at municipal level, particular in the Birmingham Municipal Council from the 1830s. The
Chartists
Chartism was a working-class movement for political reform in the United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of 1838 and was a national protest movement, w ...
from the mid 19th century, and the
Suffragettes
A suffragette was a member of an activist women's organisation in the early 20th century who, under the banner "Votes for Women", fought for the right to vote in public elections in the United Kingdom. The term refers in particular to members ...
after the turn of the 20th century lobbied for universal suffrage against a conservative judiciary and a liberal political establishment. In ''Nairn v The University Court of the University of St Andrews'' (1907), Lord McLaren even proclaimed that it is
"a principle of the unwritten constitutional law of this country that men only were entitled to take part in the election of representatives to Parliament."
![Suffragettes, England, 1908](https://upload.wikimedia.org/wikipedia/commons/8/80/Suffragettes%2C_England%2C_1908.JPG)
The
Representation of the People Act 1918
The Representation of the People Act 1918 was an Act of Parliament passed to reform the electoral system in Great Britain and Ireland. It is sometimes known as the Fourth Reform Act. The Act extended the franchise in parliamentary elections, also ...
gave the universal franchise to men, and knocked away the last barriers of wealth discrimination for the vote. But for women, only those over 30 were enfranchised, and the judiciary remained as conservative as ever. In ''Roberts v Hopwood'' (1925) a metropolitan borough council had decided to pay its workers a minimum of £4 a week, whether they were men or women and regardless of the job they did. The House of Lords approved the district auditor's surcharge for being overly gratuitous, given the fall in the cost of living. Lord Atkinson said
"the council would, in my view, fail in their duty if ... hey
Hey or Hey! may refer to:
Music
* Hey (band), a Polish rock band
Albums
* ''Hey'' (Andreas Bourani album) or the title song (see below), 2014
* ''Hey!'' (Julio Iglesias album) or the title song, 1980
* ''Hey!'' (Jullie album) or the title s ...
allowed themselves to be guided in preference by some eccentric principles of socialistic
Socialism is a left-wing Economic ideology, economic philosophy and Political movement, movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to Private prop ...
philanthropy
Philanthropy is a form of altruism that consists of "private initiatives, for the Public good (economics), public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private goo ...
, or by a feminist
Feminism is a range of socio-political movements and ideologies that aim to define and establish the political, economic, personal, and social equality of the sexes. Feminism incorporates the position that society prioritizes the male po ...
ambition to secure the equality of the sexes in the matter of wages in the world of labour."
Though Lord Buckmaster said
"Had they stated that they determined as a borough council to pay the same wage for the same work without regard to the sex or condition of the person who performed it, I should have found it difficult to say that that was not a proper exercise of their discretion."
After a decade, the
Representation of the People Act 1928
The Representation of the People (Equal Franchise) Act 1928 was an Act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 which had given some women the vote in Parliamentary elections for the ...
finally gave women the vote on an equal footing.
The
Sex Disqualification (Removal) Act 1919
The Sex Disqualification (Removal) Act 1919 is an Act of Parliament in the United Kingdom. It became law when it received Royal Assent on 23 December 1919.''Oliver & Boyd's new Edinburgh almanac and national repository for the year 1921''. p. 213 ...
received Royal Assent on 23 December 1919. Its basic purpose was "… to amend the Law with respect to disqualification on account of sex" "from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise)".
Attitudes to racial prejudice in the law were set to change markedly with the proverbial "
winds of change" sweeping through the Empire after
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. As Britain's colonies won independence, many immigrated to the motherland, and for the first time communities of all colours were seen in London and the industrial cities of the North. The
Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was ...
, the
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, ...
and the
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, ethnic and na ...
were passed by
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, (11 March 1916 – 24 May 1995) was a British politician who served as Prime Minister of the United Kingdom twice, from October 1964 to June 1970, and again from March 1974 to April 1976. He ...
's Labour government.
In 1975, Britain became a member of the
European Community
The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
, which became the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
in 1992 with the agreement of the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the ...
. The Conservative government opted out of the
Social Chapter
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
of the treaty, which included provisions on which anti-discrimination law would be based. Although they passed the
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act ...
, it was not until
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He previously served as Leader of th ...
's "New Labour" government won the 1997 election that the UK opted into the social provisions of EU law. In 2000, the EU overhauled and introduced new Directives explicitly protecting people with a particular
sexuality
Human sexuality is the way people experience and express themselves sexually. This involves biological, psychological, physical, erotic, emotional, social, or spiritual feelings and behaviors. Because it is a broad term, which has varied ...
,
religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
,
belief
A belief is an attitude that something is the case, or that some proposition is true. In epistemology, philosophers use the term "belief" to refer to attitudes about the world which can be either true or false. To believe something is to take i ...
and
age
Age or AGE may refer to:
Time and its effects
* Age, the amount of time someone or something has been alive or has existed
** East Asian age reckoning, an Asian system of marking age starting at 1
* Ageing or aging, the process of becoming older ...
, as well as updating the protection against
disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, dev ...
,
race
Race, RACE or "The Race" may refer to:
* Race (biology), an informal taxonomic classification within a species, generally within a sub-species
* Race (human categorization), classification of humans into groups based on physical traits, and/or s ...
and
gender
Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures u ...
discrimination. The law is therefore quite new and is still in a state of flux. Between the EU passing directives and the UK government implementing them, it is apparent that the government has often failed to offer the required minimum level of protection. More changes are likely soon to iron out the anomalies.
Equality framework
Equality legislation in the UK, formerly in separate Acts and regulations for each protected characteristic, is now primarily found in the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
. Particularly since the United Kingdom joined the
Social Chapter
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
treaties, it mirrors a series of EU Directives. The three main Directives are the Equal Treatment Directive (
Directive 2006/54/EC
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law.
Background
Since the Treaty of Amsterdam came into force in 1999, new EU laws, ...
, for gender), the
Racial Equality Directive
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam cam ...
(2000/48/EC) and the
(2000/78/EC, for religion, belief, sexuality, disability and age).
Direct discrimination
Direct discrimination occurs when an employer treats someone less favourably on the ground of a protected characteristic. It is unlawful under section 13 of the Equality Act 2010. A protected characteristic (age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation) must be the reason for the different treatment, so that it is because of that characteristic that the less favourable treatment occurs. Generally, the law protects everyone, not just a group perceived to suffer discrimination. Therefore, it is unlawful to treat a man less favourably than a woman, or a woman less favourably than a man, on the ground of the person's sex. However people who are single are not protected against more favourable treatment of people in marriage or civil partnership, and non disabled people are not protected if a disabled person is treated more favourably.
In ''
Coleman v Attridge Law
''Coleman v Attridge Law'' (2008) C-303/06 (and AG Opinion) is an employment law case heard by the European Court of Justice. The question is whether the European Union's discrimination policy covers not just people who are disabled (or have a ...
'' in the
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
confirmed that a person may claim discrimination even if they are not the person with the protected characteristic, but rather they suffer unfavourable treatment because of someone they associate with.
For the protected characteristic of Age, it is a defence to a claim of direct discrimination that the discrimination is "justified" by some reason. There is no defence of justification for other protected characteristics.
Harassment
Under the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
section 26, a person harasses another if he or she engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating the other's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the other. It is also harassment if a person treats another less favourably because the other has rejected or submitted to unwanted conduct of a sexual nature.
Victimisation
The definition of "victimisation" is found in the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
section 27. It refers to subjecting a person to a further detriment after they try to complain or bring proceedings in connection with discrimination, on their own behalf or on behalf of someone else.
Indirect discrimination
"Indirect" discrimination is unlawful under the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
section 19. It involves the application of a provision, criterion or practice to everyone, which has a disproportionate effect on some people and is not objectively justified. For instance, a requirement that applicants for a job be over a certain height would have a greater impact on women than on men, as the average height of women is lower than that of men. It is a defence for the employer to show that the requirement is “a proportionate means of achieving a legitimate aim”.
*''
Ojutiku v Manpower Services Commission''
EWCA_Civ_3_[1982.html" ;"title="982
EWCA Civ 3 [1982">982
EWCA Civ 3 [1982ICR 661
*''R (Schaffter) v Secretary of State for Education'' [1987] IRLR 53
*''Rainey v Greater Glasgow Health Board'' [1987] AC 224
*''Clymo v Wandsworth London Borough Council'' [1989] ICR 250
*''Enderby v Frenchay Health Authority'' (C-127/92)
994
Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* September 15 – Battle of the Orontes: Fatimid forces, under Turkish gener ...
ICR 112
*''
R (Equal Opportunities Commission) v Secretary of State for Trade and Industry''
995
Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gain ...
1 AC 1
*''
Staffordshire County Council v Black''
995
Year 995 ( CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gain ...
IRLR 234
*''
R (Seymour Smith) v Secretary of State for Employment
''R (Seymour-Smith) v Secretary of State for Employment'' [2000UKHL 12and (1999C-167/97is a landmark case in United Kingdom labour law and European labour law on the qualifying period of work before an employee accrues unfair dismissal rights. ...
'' [2000] ICR 244
*''Rutherford v Secretary of State for Trade and Industry (No 2)''
006UKHL 19
Positive action
Discrimination law is "blind" in that motive is irrelevant to discrimination and both minorities or majorities could make discrimination claims if they suffer less favourable treatment. Positive discrimination (or "
affirmative action" as it is known in the US) to fill up diversity quotas, or for any other purpose, is prohibited throughout Europe, because it violates the principle of equal treatment just as much as negative discrimination. There is, however, a large exception. Suppose an employer is hiring new staff, and they have 2 applications where the applicants are equally qualified for the job. If the workforce does not reflect society's makeup (e.g. that women, or ethnic minorities are under-represented) then the employer may prefer the candidate which would correct that imbalance. But they may ''only'' do so where both candidates are of equal merit, and further conditions must be met. This type of measure is also known as
positive action
In Europe, positive action
are measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the
protected group; or to enable or ...
. Sections 158 and 159
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
set out the circumstances in which positive action is allowed. Section 159, which deals with positive action in connection with recruitment and promotion (and which is the basis for the example of equally qualified applicants above), did not come into force until April 2011. The Government Equalities Office has issued a guide to the Section 159 rules. Section 158 deals with the circumstances in which positive action is permitted other than in connection with recruitment and promotion, for example in provision of training opportunities. Section 158 does not have the requirement for candidates to be equally qualified.
Disability claims
The normal types of claim apply to disability, but additional types of claim are particular to it. These are 'discrimination arising from disability' and the reasonable adjustment duty. "Discrimination arising from disability" was a newly formulated test introduced after the House of Lords decision in ''
Lewisham LBC v Malcolm and EHRC'' was felt to have shifted the balance of protection too far away from disabled people. Section 15
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
creates a broad protection against being treated unfavourably "because of something arising in consequence of" the person's disability, but subject to the employer having an 'objective justification' defence if it shows its action was a proportionate means of achieving a legitimate aim. There is also a 'knowledge requirement', in that the employer has a defence if it shows it did not know, and could not reasonably be expected to know, that the person had the disability. Section 15 will apply, for example, where a disabled person is dismissed because of a long absence from work which resulted from their disability - the issue will be whether the employer can show the 'objective justification' defence applies (assuming the 'knowledge requirement' is met).
The reasonable adjustment duty is particularly important. The duty can apply where a disabled person is put at a 'substantial' disadvantage in comparison with non-disabled people by a 'provision, criterion or practice' or by a physical feature. The employer's obligation is, broadly, to take such steps as it is reasonable to have to take to avoid the disadvantage (s 20
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
). 'Substantial' means only more than minor or trivial (s 212(1)
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
). A further strand of the duty can require an employer to provide an auxiliary aid or service (s 20(5)
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
). There are provisions dealing with employer's lack of knowledge of the disability (
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
Sch 8 para 20).
Employers should actively pursue policies to accommodate protected groups into the workforce. This duty is made explicit in law for pregnant women and for people who are disabled. For people with religious sensitivities, particularly the desire to worship during work cases show there is no duty, but employers should apply their minds to accommodating their employee's wishes even if they ultimately decide not to.
Enforcement
The main outcome of the
Equality Act 2006
The Equality Act 2006 (c 3) is an Act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide comp ...
was the establishment of a new Equality and Human Rights Commission, subsuming specialist bodies from before. Its role is in research, promotion, raising awareness and enforcement of equality standards. For lawyers, the most important work of predecessors has been strategic litigation (advising and funding cases which could significantly advance the law) and developing codes of best practice for employers to use. Around 20,000 discrimination cases are brought each year to UK tribunals.
Defences
Occupational requirement
Under the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
Sch 9, a number of defences are available to employers who have policies which discriminate. An "occupational requirement" refers to exceptions to the prohibition on direct discrimination. An example could be a theatre requiring an actor of Black African origin to play a Black African character. An employer has the burden of showing that they genuinely need somebody of a particular gender, race, religion, etc., for the job. These exceptions are few.
Material difference
Under section 23 of the Equality Act, in order to show that there has been discrimination, the claimant must show that there is no material difference between the claimant and the other person, or "comparator", who does not share the same protected characteristic. If the respondent can show that there is another cause for the different treatment, not related to the protected characteristic, then the claim will fail.
Justification
It is a defence to a claim of unlawful indirect discrimination, and also to a claim of direct discrimination on the ground of age, that the discriminatory act is "a proportionate means of achieving a legitimate aim" (sections 13(2) and 19).
Equality protection
People with a protected characteristic are protected from discrimination in employment, and in access to services, education, premises, and associations. Examples of prohibited discrimination include as customers, in social security, access to education and other public services. The UK Labour Government codified and strengthened the disparate heads of protection into a single act, namely the
Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-d ...
.
Sex
![Affiche-guerre Femmes-au-travail](https://upload.wikimedia.org/wikipedia/commons/8/85/Affiche-guerre_Femmes-au-travail.jpg)
In the UK, equality between sexes has been a principle of employment law on since the 1970s, when the
Equal Pay Act 1970
The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was ...
and the
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, ...
were introduced. Also, in 1972, the UK joined the European Community (now the
EU). Article 141(1) of the
Treaty of the European Community states,
"Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied."
*
Directive 2006/54/EC
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law.
Background
Since the Treaty of Amsterdam came into force in 1999, new EU laws, ...
"on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation".
;Equal pay
*''
Villalba v Merrill Lynch & Co Inc''
ICR_469
_Race
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ICR 469
Race
In the ''Weaver v NATFHE">007
ICR 469
Race
In the ''Weaver v NATFHE'' race discrimination case (also known as the Bournville College Racial Harassment issue), an Industrial Tribunal decided that the trade union NATFHE was entitled to apply its rule that a members' case against another member would not be supported if it put that member's tenure at risk
*''Ghai v Newcastle City Council''
010EWCA Civ 59
Disability
*Disability Discrimination (Meaning of Disability) Regulations 1996, (SI 1996/1455) esp. rr.3-5
Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disabilityfrom the
Department for Work and Pensions
, type = Department
, seal =
, logo = Department for Work and Pensions logo.svg
, logo_width = 166px
, formed =
, preceding1 =
, jurisdiction = Government of the United Kingdom
, headquarters = Caxton House7th Floor6–12 Tothill Stree ...
br>
website esp Part II, para A1; "a substantial effect
nder s.1(1) DDA 1995is one which is more than "minor" or "trivial", and provides that tribunals ought to have regard, in deciding whether an impairment has such an effect to" things like time for relevant activities, the way they are done, impairments' cumulative effects and the effects of behaviour and environment.
*''
Aylott v Stockton-on-Tees Borough Council Aylott is a surname. Notable people with the surname include:
* Steve Aylott (born 1951), English footballer
* Trevor Aylott (born 1957), English footballer
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