Discrimination
20th January 2010 by: Alexander Egerton and Moshe Moses
Discrimination law covers a number of different fields of activity, including employment and vocational training, the provisions of goods and services and the management and disposal of premises.
It is unlawful to discriminate against somebody on the grounds of Sex, pregnancy or maternity, status as a married person or civil partner, gender reassignment, race, disability, sexual orientation, religion or belief (which includes any religious or philosophical belief) and age. While the law primarily governs the conduct of employers, others may also be held personally liable where they have played a part in the discrimination. A person who "knowingly aids" an employer to unlawfully harass or discriminate against a person is also liable for that act, unless they reasonably relied on a statement by the employer that the act is not unlawful.
The law prohibits discrimination and harassment on a number of different grounds in all facets of employment including recruitment, contractual terms, working conditions, promotions, transfers, dismissals and training. The law protects employees (in a broad sense), former employees and applicants for employment, as well as a range of non-employed individuals, such as agency workers, office-holders and partners. It even protects members or prospective members of occupational pension schemes who are protected against discrimination by the trustees or managers of the scheme.
The forthcoming Equality Bill will consolidate discrimination law into one piece of legislation and harmonise the definitions. This legislation will extend the scope for lawful positive discrimination so that this is permitted if selecting between two equally-qualified candidates at the recruitment or promotion stage.
Discrimination can either be direct or indirect. An example of direct discrimination would be; if person A treats B less favourably than A treats, or would treat, another person (the comparator) on the grounds of race. A common example of indirect discrimination is an employer requiring all employees to work full-time. This requirement has a disproportionate impact on women, since women in society as a whole bear a greater part of domestic and childcare responsibilities than men and are more likely to want (or need) to work part-time.
Discrimination in employment is generally prohibited. However, in certain circumstances, an employer (or other respondent) may have a defence to an act of direct or indirect discrimination that is otherwise unlawful. An example of this could be genuine occupational requirements (GORs) and genuine occupational qualifications (GOQs). These enable an employer to stipulate that, because of the nature of the job in question, only people with a particular discriminatory characteristic are eligible. For example, the job may only be open to women, or to members of the Roman Catholic faith.
It is unlawful to discriminate against somebody on the grounds of Sex, pregnancy or maternity, status as a married person or civil partner, gender reassignment, race, disability, sexual orientation, religion or belief (which includes any religious or philosophical belief) and age. While the law primarily governs the conduct of employers, others may also be held personally liable where they have played a part in the discrimination. A person who "knowingly aids" an employer to unlawfully harass or discriminate against a person is also liable for that act, unless they reasonably relied on a statement by the employer that the act is not unlawful.
The law prohibits discrimination and harassment on a number of different grounds in all facets of employment including recruitment, contractual terms, working conditions, promotions, transfers, dismissals and training. The law protects employees (in a broad sense), former employees and applicants for employment, as well as a range of non-employed individuals, such as agency workers, office-holders and partners. It even protects members or prospective members of occupational pension schemes who are protected against discrimination by the trustees or managers of the scheme.
The forthcoming Equality Bill will consolidate discrimination law into one piece of legislation and harmonise the definitions. This legislation will extend the scope for lawful positive discrimination so that this is permitted if selecting between two equally-qualified candidates at the recruitment or promotion stage.
Discrimination can either be direct or indirect. An example of direct discrimination would be; if person A treats B less favourably than A treats, or would treat, another person (the comparator) on the grounds of race. A common example of indirect discrimination is an employer requiring all employees to work full-time. This requirement has a disproportionate impact on women, since women in society as a whole bear a greater part of domestic and childcare responsibilities than men and are more likely to want (or need) to work part-time.
Discrimination in employment is generally prohibited. However, in certain circumstances, an employer (or other respondent) may have a defence to an act of direct or indirect discrimination that is otherwise unlawful. An example of this could be genuine occupational requirements (GORs) and genuine occupational qualifications (GOQs). These enable an employer to stipulate that, because of the nature of the job in question, only people with a particular discriminatory characteristic are eligible. For example, the job may only be open to women, or to members of the Roman Catholic faith.
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