Doug Lewins Chartered Manager

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Doug LewinsChartered Manager

• Race Equality
• Advisory Service
• (REAS)
• London Region
• ACAS

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REAS

• Part of the Advisory Conciliation and Arbitration
  Service (ACAS).
• Provide free and confidential strategic advice to
  employers and others so that they can develop and
  implement policies and practices for equality
  among the workforce.

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Equal Opportunities in Employment is about

• Valuing differences
• Removing barriers
• Being representative
• Open advertising / fair access to all
  opportunities
• Judging on ability
• Taking positive, proactive measures

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Equal Opportunities in EQUAL

• No reports of untoward events within DPs, but
• EO policies light on employment heavy on
  service provision
• EO policies often do not attain good practice
  level
• Codes of Practice recommendations not heeded.

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Core of a good EO Policy (1)

• Commitment to Equal Opportunity
• Groups covered - race, sex, disability, sexual
  orientation, religion/belief, age etc
• Area of business interest covered - employment

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Core of a good EO Policy (2)

• Commitment to achieve a representative workforce
  at all levels
• Commitment to EO proof current personnel
  policies and practices to ensure fair and lawful
  treatment, including a workplace free of
  harassment

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Core of a good EO Policy (3)

• Commitment to review current position and to
  monitor future progress
• Commitment to allocate responsibilities and
  accountabilities for actions and results
• Commitment to produce an Action Programme set out
  in an Action Plan.

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The law!

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995
• Race Relations (Amendment) Act 2000
• Race Relations Act 1976 (Amendment) Regulations
  2003
• Employment Equality (Sexual Orientation)
  Regulations 2003
• Employment Equality (Religion or Belief)
  Regulations 2003

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Race Relations (Amendment) Act 2000

• The enforceable general duty, from April 2001, on
  all publicly funded bodies is to
• eliminate unlawful discrimination,
• and
• to promote equality of opportunity and
• to promote good relations between persons of
  different racial groups

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Race Relations Act 1976 (Amendment) Regulations
2003

• Operate from 19 July 2003, in the areas of race
  or ethnic or national origins only and have as a
  main aim to
• Revise the definition of indirect discrimination
• Provide a definition of harassment
• Shift the burden of proof
• Remove some exceptions to the 1976 Act

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Employment Equality (Religion or Belief)
Regulations 2003

• Makes discrimination on the grounds of religion
  or belief unlawful in employment or training
• THAT IS
• The individuals religion or belief
• The religion or belief of someone with whom they
  associate
• Whether real or perceived

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What is a Religion or Belief ?

• Not specified in the Regulations but will cover
• Well known organised religions
• Less well known religions like Jainism or
  Paganism.
• Belief that there is no God (Secularism)
• Will NOT cover political beliefs

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Factors indicating Religion/Belief

• Collective worship
• Clear belief system
• Profound belief affecting way of life/view of the
  world

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Genuine Occupational Requirement

• If being of a certain religion/belief is a
  determining requirement of the job
• If the organisation can show that it has a
  religious ethos and, given the nature of the
  employment, adherence to the ethos is a
  proportionate requirement of the job

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Things organisations need to think about

• Recruitment
• Training
• Codes of Dress
• Facilities in the Workplace
• Holidays
• Rules / Policies / Procedures

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Employment Equality (Sexual Orientation)
Regulations 2003

• Makes discrimination on the grounds of sexual
  orientation unlawful in employment and training
• THAT IS
• The individuals sexual orientation
• The sexual orientation of those with whom they
  associate
• Whether real or perceived

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What is a Sexual Orientation?

• Sexual orientation means an orientation towards
• Persons of the same sex
• Persons of the opposite sex
• Persons of the same sex and of the opposite sex
• The Regulations do not cover sexual practices

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Genuine Occupational Requirement

• If being of a certain sexual orientation is a
  determining requirement
• Where employment is for the purposes of an
  organised religion to comply with the doctrines
  of the religion or to avoid conflicting with a
  significant number of followers religious
  convictions

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Things organisations need to think about

• Recruitment
• Training
• Language
• Benefits

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Age Legislation

• The Directive doesnt require the
  recruitment, promotion, maintenance in employment
  or training of an individual who is not
  competent, capable, and available to perform the
  essential functions of the post concerned or to
  undergo the relevant training

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Age Legislation- Background

• European Employment Directive
• Outlawing age discrimination in employment and
  vocational training
• Age Matters consultation on options for age
  legislation

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Age Legislation - Benefits

• Better use of skills
• Staff retention
• Wider customer base
• More creative ideas
• A positive image

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Age Legislation New Obligations

• Employers
• Providers of vocational training, including FE
  HE institutions and private training companies
• Trade unions, professional associations, and
  employers organisations - as employers and in
  relation to membership

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Age Legislation New Rights

• People who are working or training
• People who apply for work or training
• Office holders
• People who have left work or training
• Members of, or applicants to, trade unions or
  trade or professional bodies

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Age Legislation Retaining Age-based Practices

• Exceptionally
• Only if justified by reference to specific aims
• And the circumstances make it appropriate and
  necessary

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Age Legislation Specific Aims

• Health, welfare, and safety
• Facilitation of employment planning
• Training requirements
• Encouraging and rewarding loyalty
• The need for a reasonable period of employment
  before retirement

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Age - Specific practices

• Recruitment, selection, and promotion
• Pay and non-pay benefits
• Retirement age
• Unfair dismissal and state redundancy payments
  scheme

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Age - Retirement ages

• Unlawful unless objectively justified
• Two options

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Age - Retirement ages

• Justifying retirement ages exceptionally
  against specific aims particular circs
• Default retirement age (70?)

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Age - Retirement ages

• Unfair dismissal
• Statutory redundancy payment scheme

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Age Legislation - Timetable
1 October 2006
Age legislation comes into force
2006


2004
2005
2003
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Age - Publications

• Email publications_at_dti.gsi.gov.uk
• Or download from
• www.dti.gov.uk/er/equality/age

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Current Commissions

• Commission for Racial Equality
• Equal Opportunities Commission
• Disability Rights Commission

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Future Commission

• Commission for Equality and Human Rights (CEHR)
• Will combine 3 existing Commissions
• Will take responsibility for Sexual Orientation
  and Religion/Belief
• Task Force to advise on governance and structure
• Watch this space!