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Dealing with discrimination

Every individual in society should be treated with respect and be able to develop their potential without being discriminated against.

 

This article summarizes how the law protects you from discrimination in the workplace. It outlines the main aspects of the law dealing with these equal opportunity issues:

 

  • age
  • gender
  • race
  • disability
  • sexual orientation
  • religion or belief.

The work environment is constantly changing as a result of new technologies, the demand for 24 hour services and the need to develop new products and markets.

 

The UK work force is becoming more diverse:

 

  • as the average age of the population rises, so does the average age of the workforce 
  • there are now more women in workforce - twice the number 25 years ago - in particular there are more working women over 50.

This diversity can lead to discrimination. Discrimination can be:

  • direct - such as being refused a job because because of, for instance, your age, race or religion; or not being ecouraged to take a training course for similar reasons - but note that there is sometimes a 'genuine occupational requirement',  such as being a waiter in an ethnic restaurant, counselling for a gay organisation, or working in a faith-cased care home
  • indirect - such as employers having a job requirement which, for example, disadvantages people from other countries by asking for a higher level of spoken English than the job needs; or people of a particular sexual orientation by advertising for a husband and wife team to run a bar; or having a rule which says 'no headwear' so that some people could be excluded.  

Harassment and victimisation at work (or elsewhere) whether it is deliberate or not, on the grounds of any equality issue, is also an offence. 

 

If you feel that you have suffered discrimination or you have been harassed, you should speak to your line manager or employer in the first instance. You can get advice from your trade union, if you have one.

 

If you still have problems, you can complain through your employer’s disciplinary and grievance procedures. You may have a fellow worker or trade union official with you at any interviews. You may also take your case to an Employment Tribunal in certain circumstances.

 

In 2007, the Commission for Equality and Human Rights (CEHR) brought together the work of the previous Commission for Racial Equality (CRE), Disability Rights Commission (DRC) and Equal Opportunities Commission (EOC). The CEHR provides a single point of contact to tackle discrimination on all of the grounds noted above. 

 

You could contact the CEHR for advice:

Commission for Equality and Human Rights Scotland
Helpline: 0845 640 5510
Textphone: 0845 604 5520
Web: www.equalityhumanrights.com/ 

Useful general websites

Web: www.acas.org.uk/index.aspx?articleid=1363  
Web: www.acas.org.uk/index.aspx?articleid=1864
Web: www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DiscriminationAtWork/index.htm  

Age

  • In 2007, for the first time ever, there were more people in the population over state pension age than under 16.
  • Figures from the Department of Work and Pensions (2008) show that, in the UK, about 72% of people aged 50 to 65 were working - an increase from 64% in the mid-1990s. 
  • In 2008, about 1.3 million people beyond state pension age were in work - 500,000 more than in 1997.  

The Employment Equality (Age) Regulations introduced in October 2006 mean that:

 

  • it is illegal for employers and training providers to discriminate against workers, employees, job seekers and trainees because of their age, unless they can provide clear evidence that they have a very good reason for doing so - such as complying with the law - for example, bar staff serving alcohol must be at least 18
  • the armed services are exempt from this
  • there is no upper age limit for unfair dismissal and redundancy rights 
  • employees have the right to ask to work beyond statutory retirement age
  • employers must give workers at least 6 months notice of their retirement date and must consider requests to continue working.

Useful websites

Web: www.ageconcernandhelptheagedscotland.org.uk/
Web: research.dwp.gov.uk/asd/asd5/agepositive.asp
Web: www.caade.net/  (Campaign Against Age Discrimination in Employment)
Web: www.taen.org.uk/ and http://www.agebusters.org.uk/ (The Age and Employment Network, a campaigning organisation)
Web: www.worksmart.org.uk/ (information on employment rights from the TUC)

Gender

The Gender Equality Duty (GED) introduced in April 2007 aims to improve equal opportunities between men and women - the first change in legislation since the Sex Discrimination Act was passed over 30 years ago.

The GED applies to all public bodies. In both employment policies and provision of services, they must eliminate all forms of discrimination between men and women. In Scotland, public bodies, and private and voluntary sector bodies receiving funding from them, must have policy statements relating to the GED and equal pay.

Women and men, regardless of their contracts, have a legal right to equal pay and benefits for doing the same job or work of equal value.

Sometimes discrimination is not obvious. For example:

  • a woman might be on a lower grade, with a different job title, than a man doing the same work
  • a woman on maternity leave might miss a bonus or pay rise which a male colleague got
  • an employer might reward a male colleague for working late at short notice, which a woman with childcare responsibilities could not do.

The GED led public bodies to review aspects of their employment policies, covering, for example:

  • whether there is a pay gap betwen women and men doing the same job or a job of equal value
  • whether more flexible working hours would help staff members 
  • whether there is a reasonable gender balance in the staff and whether recruitment methods help this.

Useful website

 

Web: www.closethegap.org.uk/ (a Scottish partnership project concerned with the gender pay gap).

 

Race

 

Under the Race Relations Act 1976 discrimination on the grounds of race or colour, nationality (including citizenship), or ethnic or national origin is unlawful in all public spheres including employment, education and training, housing and the provision of goods, facilities and services.

 

The Commission for Equality and Human Rights (CEHR) deals with complaints about incidents which breach the Race Relations Act. Many of these complaints relate to work matters.

 

In April 2006 a new code of practice on racial equality in the workplace was introduced, to reduce discrimination. It states that in recruitment methods and conditions of service:

  • all applicants and workers must be treated in the same way regardless of their race, colour, nationality or ethnic or national origin
  • there must be no unlawful racial discrimination or harassment in the workplace.

 Useful website

 

Web: www.acas.org.uk/index.aspx?articleid=1851

  

Disability

The Disability Discrimination Acts of 1995 and 2005 define a disabled person as someone with:

’a physical or mental impairment which has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities’.
 
The Acts protect disabled job seekers and employees against discrimination and give them rights in terms of employment and education, as well as access to goods and services.

Whether dealing with full time or part time jobs, employers, as well as education and service providers, must:

  • make sure that disabled employees or job applicants are not treated less favourably than others because of their disability
  • make reasonable adjustments to accommodate a disability - perhaps by installing a lift or ramp for wheelchair users, or by providing special computer facilities for a staff member with a visual impairment.

Useful contact

UPDATE (Scotland's National Disability Information Service)
Helpline: 0131 669 1600
Web: www.update.org.uk/

Sexual Orientation

Since 2003, the Employment Equality (Sexual Orientation) Regulations have outlawed discrimination, whether direct or indirect, in employment or vocational training, on the grounds of sexual orientation. They relate to:

 

  • people of the same sex (lesbians and gays)
  • people of the opposite sex (heterosexuals)
  • people of the same and opposite sex (bisexuals).

They cover discrimination on the grounds of:

 

  • perceived and actual sexual orientation (assuming, rightly or wrongly, that a person is lesbian, gay, heterosexual or bisexual)
  • association (assumptions based on the sexual orientation of those you associate with such as your friends or family).

They are designed to protect your rights and apply to all employers, regardless of size. They cover:

 

  • recruitment
  • terms and conditions including pay and promotion 
  • transfer, redundancy and dismissal.

Useful website

Web: www.acas.org.uk/index.aspx?articleid=1824

Religion or belief

Since 2003, the Employment Equality (Religion and Belief) Regulations have outlawed discrimination in employment or vocational training on the grounds of:

 

  • religion
  • religious belief
  • similar philosophical belief. 

They cover discrimination on the grounds of:

 

  • perceived and actual religion or belief (assuming, rightly or wrongly, that someone has a particular religion or belief)
  • association (assumption, rightly or wrongly, on the grounds of the religion or belief of those you associate with such as your friends or family).

The regulations do not protect you against discrimination on the grounds of belief not akin to a religion or similar philosophical belief. For example, if you are a fanatical supporter of a particular football club, or support a political party because of strongly held views, this does not count.

 

The regulations are designed to protect your rights and apply to all employers, regardless of size. They cover:

 

  • recruitment
  • terms and conditions, including pay and promotion
  • transfer, redundancy and dismissal.

Useful website

Web: www.acas.org.uk/index.aspx?articleid=1856