Government publish proposed changes to discrimination legislation 23rd October 2002

The Government claims that it has taken a’ major step forward’ to implementing the new anti-discrimination rules that are required under the EC Race Discrimination Directive and the Equal Treatment ‘Framework’ Directive. On 23 October 2002, it published a consultation document ‘Equality and Diversity: The Way Ahead’ and four sets of draft regulations. Draft regulations and explanatory notes have been published on sexual orientation, religion and disability. The Government has also published draft regulations with a view to making slight amendments to the Equal Pay Act 1970. It is not, at this time, proposing any rules on the one remaining matter, age discrimination but new law is due to come into force on age discrimination by 2006 in any event.

Sexual Orientation

The sexual orientation provisions are expected to come into effect in December 2003.

The sexual orientation regulations will introduce a concept of discrimination very similar to race and sex discrimination, with direct and indirect discrimination on grounds of sexual orientation to be prohibited. The draft regulations also define and prohibit harassment based on sexual orientation.

Religion and belief

The provisions in respect of religion and belief are expected to come into effect in December 2003.

The religion and belief regulations, like the sexual orientation regulations, will introduce a concept of discrimination very similar to race and sex discrimination, with direct and indirect discrimination on grounds of religion or belief to be prohibited. The draft regulations also define and prohibit harassment based on religion or belief.

The general scope and coverage of the draft regulations is very similar to the other parts of the anti-discrimination legislation. As has been reported, however, the Government has decided not to provide a list of mainstream faiths covered by the anti-discrimination laws. Instead, it will be left to employment tribunals (at the expense of companies defending such claims) to decide if failure to accommodate working practices for groups such as Rastafarians or Jehovah’s Witnesses breaches the new law. Although Barbara Roche, the Minister for Woman, said in respect of the proposals that employers would only be liable for fair and reasonable claims, discrimination claims carry the prospect of unlimited compensation. The draft regulations provide that employers may treat people differently on grounds of religion or belief if a particular religion or belief is a genuine occupational requirement; or, in some circumstances, where the employer itself has an ethos based on religion or belief.

Disability

The disability discrimination provisions are expected to come into force on 1 October 2004.

The disability discrimination amendment regulations will expressly prohibit harassment against a disabled person on the grounds of his or her disability. The regulations will also broaden the scope of the provisions of the Disability Discrimination Act 1995 by removing the small businesses’ exemption and extending the provisions of the Act to cover forms of employment currently excluded.

In addition, the draft regulations also make clear that less favourable treatment of a disabled person cannot be justified on the basis of a blanket ban on the employment of persons with a particular disability. The regulations will also introduce a new section making it unlawful for a person to instruct or pressure another person into discriminating against a disabled person.

The government has also published a separate consultation paper - ‘Equality and Diversity: Making it Happen’ with the aim of ensuring that the right framework to support equality legislation is obtained. Making it Happen considers the contribution of equality institutions to making equal opportunities a reality and to promoting equality and diversity across society and sets out a range of options for future structures for these institutions, including a single equality commission.

Steen & Co Employment Solicitors will be canvassing the views of our Clients and responding to the views of those Clients via the DTI’s consultation system. Many of our policies and procedures already incorporate the requirements of the proposed new law and we will be assisting our Clients to ensure their compliance with the new law.