Employment Equality Regulations 2003
Equality - Employers be aware
Two new Regulations which outlaw unfair discrimination in employment and vocational training on the grounds of sexual orientation, religion and belief are about to come in to force:-
The Employment Equality (Sexual Orientation) Regulations 2003 come in to force on the 1st December 2003 and will apply to anyone discriminating on the grounds of perceived or actual sexual orientation towards persons of the same sex (lesbians and gays), the opposite sex (heterosexuals) and the same and opposite sex (bisexuals). The Regulations also cover association i.e. where an employee is discriminated against for mixing with a friend or family member of an alternative sexual orientation.
The Employment Equality (Religion or Belief) Regulations 2003 come in to force on the 2nd December 2003 and cover discrimination on the grounds of perceived as well as actual religion or belief as well as association.
Both sets of Regulations specifically outlaw the following:-
- Direct discrimination - treating people less favourably than others on the grounds of sexual orientation or religion or belief.
- Indirect discrimination - applying a provision or practice which disadvantages people of a particular sexual orientation or religion or belief which is not justified as a proportionate means of achieving a legitimate aim.
- Harassment - unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
- Victimisation - treating people less favourably because of something they have done under or in connection with the Regulations such as making a formal complaint of discrimination or giving evidence in an Employment Tribunal.
The Regulations are applicable throughout the employment relationship. This begins at the recruitment process, continues in the workplace, on dismissal and in circumstances post employment. They also apply during vocational training beginning with the application process, during the time training takes place and in certain circumstances post vocational training.
These Regulations also extend to the rights of workers and will sit alongside and in addition to other equality legislation. They apply to all employers and businesses regardless of their size and whether they are in the public or private sector.
They also apply to barristers, advocates, partnerships, trade organisations, qualification bodies, providers of vocational training, institutions of further and higher education, and employment agencies.
If you require further information please do not hesitate to contact Karen Wallace.
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