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 covers equal opportunity issues such as:

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

Why do we need anti-discrimination laws in the first place?

The work environment is constantly changing, affected by factors such as:

• the advance of new technologies
• the demand for services 24 hours a day, seven days a week
• the need to develop new products
• the need to explore new markets and expand current ones.

Projections show that in the next ten to fifteen years the number of people of working age in the population could increase by a million and that there could be two million more jobs in the economy. The composition of the work force is also subject to constant change:

• as the average age of the population rises, so does the average age of the workforce 
• women now make up nearly half of the workforce, twice the number twenty five years ago - in particular there has been a rise in the number of working women over 50.

To grow and develop, and to attract a wider customer base and new potential markets, businesses need to develop policies to attract, support and retain an increasingly diverse workforce.

The new Commission for Equality and Human Rights (CEHR) came into operation in October 2007. It brought together the work of the previous separate commissions: the Commission for Racial Equality (CRE), the Disability Rights Commission (DRC) and the Equal Opportunities Commission (EOC). The CEHR provides a single point of contact to tackle discrimination on all of the grounds noted above. 

The following information introduces the main aspects of the current law.

If you feel that you have suffered discrimination on any of the above grounds, or you have been harassed, you could speak to your employer in the first instance. You can get advice from your trade union, if you have one.

If you still have problems, you have the right to complain through your employer’s disciplinary and grievance procedures. You are allowed to 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.

You could also contact the CEHR for advice.

Addresses

Equality and Human Rights Commission Scotland
Ground Floor
Optima
58 Robertson Street
Glasgow G2 8DU
Tel: 0141 228 5910
Web: http://www.equalityhumanrights.com/ 

Useful general websites

Web: http://www.acas.org.uk/index.aspx?articleid=337
Web: http://www.direct.gov.uk/en/Employment/Employees/DiscriminationAtWork/index.htm

Age

Government figures from spring 2004 show that, in the UK, about 70% of people aged 50 to 65 are working - an increase from 62% in 1994. 

The Equality Act, passed in 2006, includes a new Gender Equality Duty (GED) which came into force in April 2007. This is designed to improve equal opportunities between men and women - it is the first change in legislation since the Sex Discrimination Act was passed over 30 years ago.

The GED applies to all public bodies (including local authorities and the NHS). It means that in their employment policies, as well as in their provision of services, they must eliminate all forms of discrimination between men and women. In Scotland, public bodies must have policy statements relating to the GED and  equal pay. Private and voluntary sector bodies contracted to, or receiving funding from, public bodies also have to comply.

Women and men, regardless of their contracts, have a legal right to equal pay (and holiday pay, bonuses, pensions, redundancy pay as well as benefits such as a company car or private health care) for doing the same job or work of equal value.

Sometimes discrimination is not immediately obvious. For example:

• a woman might be appointed on a lower grade (with, perhaps, a different job title) than a man doing the same work
• a woman on maternity leave might miss out on a bonus payment or a pay rise which a male colleague got
• an employer might reward a male colleague for being prepared to work extra hours at short notice, which a woman with childcare responsibilities could not do.

The GED means that public bodies have reviewed some aspects of their employment policies, to make sure they cover such matters as: