Business Case Briefing

The Legislative Framework: Employment laws governing equality in the work place N.B. this briefing does not provide legal advice Please note that this section offers an overview of the legislation and its intended impacts and effects in general terms. It does not constitute legal advice and should not be used in that way. If you have a particular legal concern regarding equality and diversity, you should take appropriate legal advice or you may wish to begin with an enquiry to ACASs employer helpline [see links below]. The fundamental aim of equality legislation is to ensure that employees and job applicants do not suffer discrimination when seeking work or when in the workplace. The major legislation in the field of equality is: Equal Pay Act (1970) Sex Discrimination Act (1975) Race Relations Act (1976) Race Relations (Amendment) Act (2000) and Amendment Regulations (2003) Disability Discrimination Act (1995) Employment Equality (Religion or Belief ) Regulations (2003) Employment Equality (Sexual Orientation) Regulations (2003)

Summary of key legislation Equal Pay Act 1970 The Equal Pay Act 1970, as amended, entitles a woman doing equal work with a man in the same employment, to equality in pay and terms and conditions. The Equal Pay Act applies to all employers irrespective of their size and whether they are in the public or private sector. Sex Discrimination Act 1975 and 1986 Amendment The Sex Discrimination Act makes it unlawful to discriminate on grounds of sex in employment and vocational training, education, housing and the provision of goods, facilities and services. It also makes it unlawful to discriminate on the grounds of marriage in relation to employment provision. The Sex Discrimination (Gender Reassignment) Regulations 1999 extended the SDA to make it unlawful to discriminate on grounds of gender reassignment, but only in the areas of employment and vocational training. Race Relations Act 1976 This Act prohibits discrimination on grounds of colour, race, nationality (including citizenship) and ethnic or national origin. It applies to discrimination in employment and vocational training, education, housing and the provision of goods, facilities and services.

Race Relations (Amendment) Act 2000 This Act places enforceable duties on public bodies to To eliminate unlawful discrimination To promote equality of opportunity and To promote good relations between persons of different racial groups Public bodies are required to produce and publish a Race Equality Scheme that sets how they will meet these duties. As part of their duties, public bodies that purchase services or contract with private companies require that the companies they contract with are also compliant with the legislation. Race Regulations 2003 This regulation made changes to the Race Relations Act 1976. The Regulations offer protection on the basis of race or ethnic or national origin not colour or nationality. The original provision of the RRA still stand in relation to colour and nationality. It brings in new definitions of indirect discrimination, racial harassment and genuine occupational requirement. In many aspects of employment practice it mirrors the Employment Equality Regulations. Disability Discrimination Act 1995 The Act defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a persons ability to carry out normal day to day activities. It makes it unlawful for an employer to treat a disabled person less favourably than they would treat a non-disabled person. The Act applies to all employers regardless of the size of the company. Employment Equality (Sexual Orientation) Regulations 2003 This regulation protects workers, including those on vocational training programmes, from discriminatory employment practices based on actual or perceived sexual orientation defined as heterosexual, gay, lesbian or bisexual. The controversial exclusion relates to limited circumstances where religious organisations may lawfully be able to discriminate on the grounds of sexual orientation. Employment Equality (Region or Belief ) Regulations 2003 This regulation protects workers, including those on vocational training programmes, from discriminatory employment practices based on actual or perceived religion or similar belief defined as religion, religious belief or similar philosophical belief.1 Public Bodies It is unlawful for a public authority exercising a function of a public nature to perform any act which constitutes discrimination. This applies to all the legal grounds for discrimination. Organisations in the public sector are expected to lead the way in carrying out their functions with demonstrable respect for equality and human rights. In the delivery of
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[Extract from Check This A brief guide on equality in the workplace for employers by Fair Play] see useful links page

services, and in the devising of policies and procedures, public authorities have a crucial role to play in promoting the values and practices of a fair and democratic society. Public Bodies responsibilities: http://www.equalityhumanrights.com/en/forbusinessesandorganisation/publicauthoriti es/pages/businessesorganisationspublicbodies.aspx A brief guide to equality in the workplace for employers: http://83.137.212.42/sitearchive/eoc/PDF/A_brief_guide_to_equality_in_the_workplac e_for_employers.pdf?page=20131 other: www.equalityhumanrights.com www.acas.com Equality Direct ACAS helpline for Small to Medium sized Enterprises [SMEs] 0845 600 3444