British employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of
UK labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. ...
it is unlawful to discriminate against a person because they have one of the "protected characteristics", which are, age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, pregnancy and maternity, and sexual orientation. The primary legislation is the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
, which outlaws discrimination in access to education, public services, private goods and services, transport or premises in addition to employment. This follows three major European Union Directives, and is supplement by other Acts like the
Protection from Harassment Act 1997
The Protection from Harassment Act 1997 (c. 40) is an act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is t ...
. Furthermore, discrimination on the grounds of work status, as a part-time worker, fixed term employee, agency worker or union membership is banned as a result of a combination of statutory instruments and the
Trade Union and Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is a UK Act of Parliament (UK), act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Nort ...
, again following European law. Disputes are typically resolved in the workplace in consultation with an employer or
trade union
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
, or with advice from a solicitor,
ACAS
The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental public body of the Her Majesty's Government, Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and fa ...
or the
Citizens Advice Bureau
Citizens AdviceCitizens Advice is the operating name of The National Association of Citizens Advice Bureaux, which is the umbrella charity for a wider network of local advice centres. The abbreviation CitA is sometimes used to refer to this natio ...
a claim may be brought in an
employment tribunal. The
Equality Act 2006
The Equality Act 2006 (c. 3) is an act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide com ...
established the
Equality and Human Rights Commission
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of e ...
, a body designed to strengthen enforcement of equality laws.
Discrimination is unlawful when an employer is hiring a person, in the terms and conditions of contract that are offered, in making a decision to dismiss a worker, or any other kind of detriment. "Direct discrimination", which means treating a person less favourably than another who lacks the protected characteristic, is always unjustified and unlawful, with the exception of age. It is lawful to discriminate against a person because of their age, however, only if there is a legitimate business justification accepted by a court. Where there is an "occupational requirement" direct discrimination is lawful, so that for instance an employer could refuse to hire a male actor to play a female role in a play, where that is indispensable for the job. "Indirect discrimination" is also unlawful, and this exists when an employer applies a policy to their workplace that affects everyone equally, but it has a disparate impact on a greater proportion of people of one group with a protected characteristic than another, and there is no good business justification for that practice. Disability differs from other protected characteristics in that employers are under a positive duty to make reasonable adjustments to their workplace to accommodate the needs of disabled staff. For age, belief, sex, race, gender reassignment and sexuality there is generally no positive obligation to promote equality, and positive discrimination is generally circumscribed by the principle that merit must be regarded as the most important characteristic of a person. In the field of equal pay between men and women, the rules differ in the scope for comparators. Any dismissal because of discrimination is automatically unfair and entitles a person to claim under the
Employment Rights Act 1996
The Employment Rights Act 1996 (c. 18) is a United Kingdom Act of Parliament (United Kingdom), Act of Parliament passed by the Conservative Party (UK), Conservative government to codify existing law on individual rights in UK labour law.
Histo ...
section 94 no matter how long they have worked.
History
Anti-discrimination law is a recent development. Religious discrimination was first tackled by laws aimed at Roman Catholics. The
Papists Act 1778
The Papists Act 1778 ( 18 Geo. 3. c. 60), also known as Sir George Savile's Act, the First Relief Act, or the Catholic Relief Act 1778 is an act of the Parliament of Great Britain and was the first act for Roman Catholic relief. Later in 17 ...
was the first act that addressed legal discrimination against Roman Catholics, but it was not until the
Roman Catholic Relief Act 1829
The Roman Catholic Relief Act 1829 ( 10 Geo. 4. c. 7), also known as the Catholic Emancipation Act 1829, was an act of the Parliament of the United Kingdom that removed the sacramental tests that barred Roman Catholics in the United Kingdom f ...
that Catholics were considered fully emancipated. A year later, in 1830, debates began on the subject of making similar provisions for Jews. A strong Tory lobby in Parliament prevented any furtherance of this cause until the Religious Opinions Act 1846, although this only went some way towards acceptance of all religious viewpoints. It was only the
Reform Act 1867
The Representation of the People Act 1867 ( 30 & 31 Vict. c. 102), known as the Reform Act 1867 or the Second Reform Act, is an act of the British Parliament that enfranchised part of the urban male working class in England and Wales for the ...
that saw extension of the vote to every male householder. Women were also marginalised from general social participation. The first changes came at municipal level, particular in the Birmingham Municipal Council from the 1830s. The
Chartists
Chartism was a working-class movement for political reform in the United Kingdom of Great Britain and Ireland, United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of ...
from the mid 19th century, and the
Suffragettes
A suffragette was a member of an activist women's organisation in the early 20th century who, under the banner "Votes for Women", fought for women's suffrage, the right to vote in public elections in the United Kingdom. The term refers in part ...
after the turn of the 20th century lobbied for universal suffrage against a conservative judiciary and a liberal political establishment. In ''Nairn v The University Court of the University of St Andrews'' (1907), Lord McLaren even proclaimed that it is
"a principle of the unwritten constitutional law of this country that men only were entitled to take part in the election of representatives to Parliament."
The
Representation of the People Act 1918
The Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) was an act of Parliament passed to reform the electoral system in Great Britain and Ireland. It is sometimes known as the Fourth Reform Act. The act extended the franchise in pa ...
gave the universal franchise to men, and knocked away the last barriers of wealth discrimination for the vote. But for women, only those over 30 were enfranchised, and the judiciary remained as conservative as ever. In ''Roberts v Hopwood'' (1925) a metropolitan borough council had decided to pay its workers a minimum of £4 a week, whether they were men or women and regardless of the job they did. The House of Lords approved the district auditor's surcharge for being overly gratuitous, given the fall in the cost of living. Lord Atkinson said
"the council would, in my view, fail in their duty if ... hey
Hey, HEY, or Hey! may refer to:
Music
* Hey (band), a Polish rock band
Albums
* ''Hey'' (Andreas Bourani album) or the title song (see below), 2014
* ''Hey!'' (Julio Iglesias album) or the title song, 1980
* ''Hey!'' (Jullie album) or the ...
allowed themselves to be guided in preference by some eccentric principles of socialistic
Socialism is an economic and political philosophy encompassing diverse economic and social systems characterised by social ownership of the means of production, as opposed to private ownership. It describes the economic, political, and social ...
philanthropy
Philanthropy is a form of altruism that consists of "private initiatives for the Public good (economics), public good, focusing on quality of life". Philanthropy contrasts with business initiatives, which are private initiatives for private goo ...
, or by a feminist
Feminism is a range of socio-political movements and ideology, ideologies that aim to define and establish the political, economic, personal, and social gender equality, equality of the sexes. Feminism holds the position that modern soci ...
ambition to secure the equality of the sexes
Gender equality, also known as sexual equality, gender egalitarianism, or equality of the sexes, is the state of equal ease of access to resources and opportunities regardless of gender, including economic participation and decision-making, an ...
in the matter of wages in the world of labour."
Though Lord Buckmaster said
"Had they stated that they determined as a borough council to pay the same wage for the same work without regard to the sex or condition of the person who performed it, I should have found it difficult to say that that was not a proper exercise of their discretion."
After a decade, the
Representation of the People Act 1928
The Representation of the People (Equal Franchise) Act 1928 ( 18 & 19 Geo. 5. c. 12) was an act of the Parliament of the United Kingdom. This act expanded on the Representation of the People Act 1918 ( 7 & 8 Geo. 5. c. 64) which had given some ...
finally gave women the vote on an equal footing.
The
Sex Disqualification (Removal) Act 1919
Sex is the biological trait that determines whether a sexual reproduction, sexually reproducing organism produces male or female gametes. During sexual reproduction, a male and a female gamete fuse to form a zygote, which develops into an o ...
received Royal Assent on 23 December 1919. Its basic purpose was "… to amend the Law with respect to disqualification on account of sex" "from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorporated by Royal Charter or otherwise)".
Attitudes to racial prejudice in the law were set to change markedly with the proverbial "
winds of change" sweeping through the Empire after
World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
. As Britain's colonies won independence, many immigrated to the motherland, and for the first time communities of all colours were seen in London and the industrial cities of the North. The
Equal Pay Act 1970
The Equal Pay Act 1970 (c. 41) was an act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The act was proposed by the then Labour government ...
, the
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, ...
and the
Race Relations Act 1976
The Race Relations Act 1976 (c. 74) was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race. The scope of the legislation included discrimination on the grounds of race, colour, nationality, eth ...
were passed by
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx (11 March 1916 – 23 May 1995) was a British statesman and Labour Party (UK), Labour Party politician who twice served as Prime Minister of the United Kingdom, from 1964 to 1970 and again from 197 ...
's Labour government.
In 1975, Britain became a member of the
European Community
The European Economic Community (EEC) was a regional organisation created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
, which became the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
in 1992 with the agreement of the
Maastricht Treaty
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve Member state of the European Union, member states of the European Communities, ...
. The Conservative government opted out of the
Social Chapter
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
of the treaty, which included provisions on which anti-discrimination law would be based. Although they passed the
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the A ...
, it was not until
Tony Blair
Sir Anthony Charles Lynton Blair (born 6 May 1953) is a British politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party (UK), Leader of the Labour Party from 1994 to 2007. He was Leader ...
's "New Labour" government won the 1997 election that the UK opted into the social provisions of EU law. In 2000, the EU overhauled and introduced new Directives explicitly protecting people with a particular
sexuality
Human sexuality is the way people experience and express themselves sexually. This involves biological, psychological, physical, erotic, emotional, social, or spiritual feelings and behaviors. Because it is a broad term, which has varied ...
,
religion
Religion is a range of social system, social-cultural systems, including designated religious behaviour, behaviors and practices, morals, beliefs, worldviews, religious text, texts, sanctified places, prophecies, ethics in religion, ethics, or ...
,
belief
A belief is a subjective Attitude (psychology), attitude that something is truth, true or a State of affairs (philosophy), state of affairs is the case. A subjective attitude is a mental state of having some Life stance, stance, take, or opinion ...
and
age
Age or AGE may refer to:
Time and its effects
* Age, the amount of time someone has been alive or something has existed
** East Asian age reckoning, an Asian system of marking age starting at 1
* Ageing or aging, the process of becoming older
...
, as well as updating the protection against
disability
Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be Cognitive disability, cognitive, Developmental disability, d ...
,
race and
gender
Gender is the range of social, psychological, cultural, and behavioral aspects of being a man (or boy), woman (or girl), or third gender. Although gender often corresponds to sex, a transgender person may identify with a gender other tha ...
discrimination. The law is therefore quite new and is still in a state of flux. Between the EU passing directives and the UK government implementing them, it is apparent that the government has often failed to offer the required minimum level of protection. More changes are likely soon to iron out the anomalies.
Equality framework
Equality legislation in the UK, formerly in separate Acts and regulations for each protected characteristic, is now primarily found in the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
. Particularly since the United Kingdom joined the
Social Chapter
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
of the
European Union
The European Union (EU) is a supranational union, supranational political union, political and economic union of Member state of the European Union, member states that are Geography of the European Union, located primarily in Europe. The u ...
treaties, it mirrors a series of EU Directives. The three main Directives are the Equal Treatment Directive (
Directive 2006/54/EC, for gender), the
Racial Equality Directive
The Race Equality Directive 2000/43/EC is a legal act of the European Union, concerning European labour law. It implements the principle of equal treatment between persons irrespective of racial or ethnic group. Since the Treaty of Amsterdam ca ...
(2000/48/EC) and the
Directive establishing a general framework for equal treatment in employment and occupation (2000/78/EC, for religion, belief, sexuality, disability and age).
Direct discrimination
Direct discrimination occurs when an employer treats someone less favourably on the ground of a protected characteristic. It is unlawful under section 13 of the Equality Act 2010. A protected characteristic (age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation) must be the reason for the different treatment, so that it is because of that characteristic that the less favourable treatment occurs. Generally, the law protects everyone, not just a group perceived to suffer discrimination. Therefore, it is unlawful to treat a man less favourably than a woman, or a woman less favourably than a man, on the ground of the person's sex. However people who are single are not protected against more favourable treatment of people in marriage or civil partnership, and non disabled people are not protected if a disabled person is treated more favourably.
In ''
Coleman v Attridge Law'' in the
European Court of Justice
The European Court of Justice (ECJ), officially the Court of Justice (), is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting ...
confirmed that a person may claim discrimination even if they are not the person with the protected characteristic, but rather they suffer unfavourable treatment because of someone they associate with.
For the protected characteristic of Age, it is a defence to a claim of direct discrimination that the discrimination is "justified" by some reason. There is no defence of justification for other protected characteristics.
Harassment
Under the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
section 26, a person harasses another if he or she engages in unwanted conduct related to a relevant protected characteristic, and the conduct has the purpose or effect of violating the other's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for the other. It is also harassment if a person treats another less favourably because the other has rejected or submitted to unwanted conduct of a sexual nature.
Victimisation
The definition of "victimisation" is found in the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
section 27. It refers to subjecting a person to a further detriment after they try to complain or bring proceedings in connection with discrimination, on their own behalf or on behalf of someone else.
Indirect discrimination
"Indirect" discrimination is unlawful under the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
section 19. It involves the application of a provision, criterion or practice to everyone, which has a disproportionate effect on some people and is not objectively justified. For instance, a requirement that applicants for a job be over a certain height would have a greater impact on women than on men, as the average height of women is lower than that of men. It is a defence for the employer to show that the requirement is “a proportionate means of achieving a legitimate aim”.
*''
Ojutiku v Manpower Services Commission''
EWCA Civ 3 [1982">982
EWCA Civ 3 [1982ICR 661
*''R (Schaffter) v Secretary of State for Education'' [1987] IRLR 53
*''Rainey v Greater Glasgow Health Board'' [1987] AC 224
*''Clymo v Wandsworth London Borough Council'' [1989] ICR 250
*''Enderby v Frenchay Health Authority'' (C-127/92)
994
Year 994 ( CMXCIV) was a common year starting on Monday of the Julian calendar.
Events
By place
Byzantine Empire
* September 15 – Battle of the Orontes: Fatimid forces, under Turkish general Manjutakin (also the governor ...
ICR 112
*''
R (Equal Opportunities Commission) v Secretary of State for Trade and Industry''
995
Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gains power and becomes Rege ...
1 AC 1
*''
Staffordshire County Council v Black''
995
Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Japan
* 17 May - Fujiwara no Michitaka (imperial regent) dies.
* 3 June: Fujiwara no Michikane gains power and becomes Rege ...
IRLR 234
*''
R (Seymour Smith) v Secretary of State for Employment''
000
Triple zero, Zero Zero Zero, 0-0-0 or variants may refer to:
* 000 (emergency telephone number), the Australian emergency telephone number
* 000, the size of several small List of screw drives, screw drives
* 0-0-0, a Droid (Star Wars)#0-0-0, dro ...
ICR 244
*''
Rutherford v Secretary of State for Trade and Industry (No 2)''
006
Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...
UKHL 19
Positive action
Discrimination law is "blind" in that motive is irrelevant to discrimination and both minorities or majorities could make discrimination claims if they suffer less favourable treatment. Positive discrimination (or "
affirmative action
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
" as it is known in the US) to fill up diversity quotas, or for any other purpose, is prohibited throughout Europe, because it violates the principle of equal treatment just as much as negative discrimination. There is, however, a large exception. Suppose an employer is hiring new staff, and they have 2 applications where the applicants are equally qualified for the job. If the workforce does not reflect society's makeup (e.g. that women, or ethnic minorities are under-represented) then the employer may prefer the candidate which would correct that imbalance. But they may ''only'' do so where both candidates are of equal merit, and further conditions must be met. This type of measure is also known as
positive action
Positive action consists of measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the
protected group; or to enable or enco ...
. Sections 158 and 159
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
set out the circumstances in which positive action is allowed. Section 159, which deals with positive action in connection with recruitment and promotion (and which is the basis for the example of equally qualified applicants above), did not come into force until April 2011. The Government Equalities Office has issued a guide to the Section 159 rules. Section 158 deals with the circumstances in which positive action is permitted other than in connection with recruitment and promotion, for example in provision of training opportunities. Section 158 does not have the requirement for candidates to be equally qualified.
Disability claims
The normal types of claim apply to disability, but additional types of claim are particular to it. These are 'discrimination arising from disability' and the reasonable adjustment duty. "Discrimination arising from disability" was a newly formulated test introduced after the House of Lords decision in ''
Lewisham LBC v Malcolm and EHRC'' was felt to have shifted the balance of protection too far away from disabled people. Section 15
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
creates a broad protection against being treated unfavourably "because of something arising in consequence of" the person's disability, but subject to the employer having an 'objective justification' defence if it shows its action was a proportionate means of achieving a legitimate aim. There is also a 'knowledge requirement', in that the employer has a defence if it shows it did not know, and could not reasonably be expected to know, that the person had the disability. Section 15 will apply, for example, where a disabled person is dismissed because of a long absence from work which resulted from their disability - the issue will be whether the employer can show the 'objective justification' defence applies (assuming the 'knowledge requirement' is met).
The reasonable adjustment duty is particularly important. The duty can apply where a disabled person is put at a 'substantial' disadvantage in comparison with non-disabled people by a 'provision, criterion or practice' or by a physical feature. The employer's obligation is, broadly, to take such steps as it is reasonable to have to take to avoid the disadvantage (s 20
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
). 'Substantial' means only more than minor or trivial (s 212(1)
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
). A further strand of the duty can require an employer to provide an auxiliary aid or service (s 20(5)
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
). There are provisions dealing with employer's lack of knowledge of the disability (
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
Sch 8 para 20).
Employers should actively pursue policies to accommodate protected groups into the workforce. This duty is made explicit in law for pregnant women and for people who are disabled. For people with religious sensitivities, particularly the desire to worship during work cases show there is no duty, but employers should apply their minds to accommodating their employee's wishes even if they ultimately decide not to.
Enforcement
The main outcome of the
Equality Act 2006
The Equality Act 2006 (c. 3) is an act of the Parliament of the United Kingdom covering the United Kingdom. The 2006 Act is a precursor to the Equality Act 2010, which combines all of the equality enactments within Great Britain and provide com ...
was the establishment of a new Equality and Human Rights Commission, subsuming specialist bodies from before. Its role is in research, promotion, raising awareness and enforcement of equality standards. For lawyers, the most important work of predecessors has been strategic litigation (advising and funding cases which could significantly advance the law) and developing codes of best practice for employers to use. Around 20,000 discrimination cases are brought each year to UK tribunals.
Defences
Occupational requirement
Under the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
Sch 9, a number of defences are available to employers who have policies which discriminate. An "occupational requirement" refers to exceptions to the prohibition on direct discrimination. An example could be a theatre requiring an actor of Black African origin to play a Black African character. An employer has the burden of showing that they genuinely need somebody of a particular gender, race, religion, etc., for the job. These exceptions are few.
Material difference
Under section 23 of the Equality Act, in order to show that there has been discrimination, the claimant must show that there is no material difference between the claimant and the other person, or "comparator", who does not share the same protected characteristic. If the respondent can show that there is another cause for the different treatment, not related to the protected characteristic, then the claim will fail.
Justification
It is a defence to a claim of unlawful indirect discrimination, and also to a claim of direct discrimination on the ground of age, that the discriminatory act is "a proportionate means of achieving a legitimate aim" (sections 13(2) and 19).
Equality protection
People with a protected characteristic are protected from discrimination in employment, and in access to services, education, premises, and associations. Examples of prohibited discrimination include as customers, in social security, access to education and other public services. The UK Labour Government codified and strengthened the disparate heads of protection into a single act, namely the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
.
Sex

In the UK, equality between sexes has been a principle of employment law on since the 1970s, when the
Equal Pay Act 1970
The Equal Pay Act 1970 (c. 41) was an act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The act was proposed by the then Labour government ...
and the
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (c. 65) was an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marital status. The Act concerned employment, training, education, harassment, ...
were introduced. Also, in 1972, the UK joined the European Community (now the
EU). Article 141(1) of the
Treaty of the European Community states,
"Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied."
*
Directive 2006/54/EC "on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation".
;Equal pay
*''
Villalba v Merrill Lynch & Co Inc''
ICR 469
Race
In the ''Weaver v NATFHE">007
ICR 469
Race
In the ''Weaver v NATFHE'' race discrimination case (also known as the Bournville College Racial Harassment issue), an Industrial Tribunal decided that the trade union NATFHE was entitled to apply its rule that a members' case against another member would not be supported if it put that member's tenure at risk
*''Ghai v Newcastle City Council''
010 010 may refer to:
* 10 (number)
* 8 (number) in octal numeral notation
* Motorola 68010, a microprocessor released by Motorola in 1982
* 010, the telephone area code of Beijing
* 010, the Rotterdam
Rotterdam ( , ; ; ) is the second-largest ...
EWCA Civ 59
Disability
*Disability Discrimination (Meaning of Disability) Regulations 1996, (SI 1996/1455) esp. rr.3-5
Guidance on Matters to be Taken into Account in Determining Questions Relating to the Definition of Disabilityfrom the
Department for Work and Pensions
The Department for Work and Pensions (DWP) is a Departments of the Government of the United Kingdom, ministerial department of the Government of the United Kingdom. It is responsible for welfare spending, welfare, pensions and child maintenance ...
br>
website esp Part II, para A1; "a substantial effect
nder s.1(1) DDA 1995is one which is more than "minor" or "trivial", and provides that tribunals ought to have regard, in deciding whether an impairment has such an effect to" things like time for relevant activities, the way they are done, impairments' cumulative effects and the effects of behaviour and environment.
*''
Aylott v Stockton-on-Tees Borough Council''
010 010 may refer to:
* 10 (number)
* 8 (number) in octal numeral notation
* Motorola 68010, a microprocessor released by Motorola in 1982
* 010, the telephone area code of Beijing
* 010, the Rotterdam
Rotterdam ( , ; ; ) is the second-largest ...
EWCA Civ 910
*''
Thaine v London School of Economics''
010 010 may refer to:
* 10 (number)
* 8 (number) in octal numeral notation
* Motorola 68010, a microprocessor released by Motorola in 1982
* 010, the telephone area code of Beijing
* 010, the Rotterdam
Rotterdam ( , ; ; ) is the second-largest ...
ICR 1422
*''
Clark v TDG Ltd (t/a Novacold Ltd)
''Clark v TDG Ltd (t/a Novacold Ltd)'' 999IRLR 318 is a UK labour law case concerning the Disability Discrimination Act 1995.
Facts
Mr Clark was injured at work (a frozen food warehouse in Hull). He was then dismissed when an orthopaedic doctor ...
''
999 999 or triple nine most often refers to:
* 999 (emergency telephone number), a telephone number for the emergency services in several countries
* 999 (number), an integer
* AD 999, a year
* 999 BC, a year
Media
Books
* 999 (anthology), ''99 ...
IRLR 318
*''
Leonard v Southern Derbyshire Chamber of Commerce''
001IRLR 19
Sexual orientation
Sexual orientation is covered by the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
.
Sexual orientation was covered from 1 December 2003 until 2010 by the
Employment Equality (Sexual Orientation) Regulations 2003
The Employment Equality (Sexual Orientation) Regulations 2003 were secondary legislation in the United Kingdom, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientat ...
, SI 2003/1661, and by the
Equality Act (Sexual Orientation) Regulations
The Equality Act (Sexual Orientation) Regulations 2007 was secondary legislation in the United Kingdom, outlawing discrimination in the provision of goods, facilities, services, education and public functions on the grounds of sexual orientation ...
.
Gender reassignment
Gender reassignment status is covered by the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
.
Some protection for trans gender people was provided by the Sex Discrimination (Gender Reassignment) Regulations 1999, which added "Gender reassignment" to the coverage of the Sex Discrimination Act 1975.
Religion or belief
While direct discrimination on grounds of religion or belief is automatically unlawful, the nature of religions or beliefs leads to the conclusion that objective justification for disparate impact is easier. Beliefs often lead adherents to the need to manifest their closely held views, in a way which may conflict with ordinary requirements of the work place. There is not the same degree of privilege granted to beliefs as is to a disability, requiring "reasonable adjustments" for the wishes of the believer. So in cases where an adherent to a religion wishes to take time off to pray, or wear a particular article of clothing or jewellery, it will usually be within the right of the employer to insist that the contract of employment is performed as was initially agreed. This refusal of the law to grant privileged status to beliefs may reflect the element of choice in belief or the need of a secular society to treat all people, whether believers or not, equally.
Discrimination on grounds of religion was previously covered in an ad hoc way for Muslims and Sikhs through the race discrimination provisions. The new regulations were introduced to comply with the EU Framework Directive 2000/78/EC on religion or belief, age, sexuality and disability.
*
Article 9 ECHR - Freedom of religion
*''
Islington LBC v Ladele''
009 009 may refer to:
* OO9, gauge model railways
* O09, FAA identifier for Round Valley Airport
* 0O9, FAA identifier for Ward Field, see List of airports in California
* British secret agent 009, see 00 Agent
* BA 009, see British Airways Flight ...
EWCA Civ 1357
Age
*Employment Equality (Age) Regulations 2006, SI 2006/1031 (now repealed and replaced by the
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis o ...
)
*''
Seldon v Clarkson Wright & Jakes and another''
010 010 may refer to:
* 10 (number)
* 8 (number) in octal numeral notation
* Motorola 68010, a microprocessor released by Motorola in 1982
* 010, the telephone area code of Beijing
* 010, the Rotterdam
Rotterdam ( , ; ; ) is the second-largest ...
EWCA Civ 899
Work status protection
More recently, two measures have been introduced, and one has been proposed, to prohibit discrimination in employment based on atypical work patterns, for employees who are not considered permanent. The Part-time Workers Regulations and the Fixed-term Employee Regulations were partly introduced to remedy the pay gap between men and women. The reason is, women are far more likely to be doing non-full-time permanent jobs. However following the
Treaty of Amsterdam
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
, a new Article 13 promised Community action to remedy inequalities generally. The abortive
Agency Workers Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is ...
was meant to be the third pillar in this programme. Discrimination against union members is also a serious problem, for the obvious reason that some employers view unionisation as threat to their right to manage.
Part time workers
*
, SI 2000/1551
*''
McMenemy v Capital Business Ltd''
007
The ''James Bond'' franchise focuses on James Bond (literary character), the titular character, a fictional Secret Intelligence Service, British Secret Service agent created in 1953 by writer Ian Fleming, who featured him in twelve novels ...
IRLR 400
*''
Sharma v Manchester City Council''
008 008, OO8, O08, or 0O8 may refer to:
* "008", a fictional 00 Agent
In Ian Fleming's James Bond novels and the derived films, the 00 Section of MI6 is considered the secret service's elite. A 00 (pronounced "Double O") is a field agent who ho ...
IRLR 336
*''
Matthews v Kent & Medway Towns Fire Authority''
006
Alec Trevelyan is a fictional character who is the main antagonist in the 1995 James Bond film ''GoldenEye,'' portrayed by actor Sean Bean. Bean's likeness was also used as the model for Alec Trevelyan in the 1997 video game '' GoldenEye 007' ...
IRLR 367
*
A McColgan, 'Missing the point?' (2000) 29
Industrial Law Journal
The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971.
The journal publishes articles o ...
260
*''
O'Brien v Ministry of Justice
O'Brien may refer to:
People
* O'Brien (surname), an Irish surname
* O'Brien dynasty, a powerful Irish dynasty that ruled Munster and produced several High Kings of Ireland
Places United States
* O'Brien, California, an unincorporated communit ...
'' [2010
UKSC 34
Fixed term "employees"
*
Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, SI 2002/2034
Agency workers
*Temporary and Agency Workers (Equal Treatment) Bill 2008
*
Agency Workers Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is ...
Union members
*''
Amalgamated Society of Railway Servants v Osborne
''Amalgamated Society of Railway Servants v Osborne'' 910AC 87 is a UK labour law case, which ruled that it was unlawful (''ultra vires'' - beyond their legal powers) for trade unions to use funds raised from their subscriptions for political p ...
''
910
Year 910 ( CMX) was a common year starting on Monday of the Julian calendar.
__NOTOC__
Events By place Europe
* June 12 – Battle of Augsburg: The Hungarians defeat the East Frankish army under King Louis IV (the Child), using ...
AC 87, Lords Shaw and James said trade union support for MPs was ‘unconstitutional and illegal’. Reversed in 1913.
*
Article 11 ECHR
*
Public Interest Disclosure Act 1998
The Public Interest Disclosure Act 1998 (c. 23) is an Act of the Parliament of the United Kingdom that protects whistleblowers from detrimental treatment by their employer. Influenced by various financial scandals and accidents, along with the r ...
*''
O'Kelly v Trusthouse Forte plc
''O'Kelly v Trusthouse Forte plc'' 983ICR 728 was a UK labour law case, in which a bare majority held that a requirement for a contract is "mutuality of obligation" between the parties, which was thought to mean an ongoing duty to offer and acc ...
''
*''
Wilson and Palmer v United Kingdom''
*
Trade Union and Labour Relations (Consolidation) Act 1992
The Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) is a UK Act of Parliament (UK), act of Parliament which regulates United Kingdom labour law. The act applies in full in England and Wales and in Scotland, and partially in Nort ...
ss 137-177
See also
British law
*
British labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity (legal concept), equity. ...
*''
Constantine v Imperial Hotels Ltd
''Constantine v Imperial Hotels Ltd'' 944KB 693 is an English tort law and contract case, concerning the implied duty of an innkeeper to offer accommodation to a guest unless for just cause.
Facts
In 1943, Learie Constantine, a black Trinid ...
''
944
Year 944 ( CMXLIV) was a leap year starting on Monday of the Julian calendar.
Events
By place
Byzantine Empire
* Arab–Byzantine War: Byzantine forces are defeated by Sayf al-Dawla. He captures the city of Aleppo, and extends his c ...
KB 693
*
Disability Standard The Disability Standard is a benchmarking assessment run in the UK by Business Disability Forum.
Best described as a management tool for employers, the Disability Standard acts as a statistical study providing us with a snapshot of UK businesses pe ...
*
Employment discrimination
Employment discrimination is a form of illegal discrimination in the workplace based on legally protected characteristics. In the U.S., federal anti-discrimination law prohibits discrimination by employers against employees based on age, race, ...
*
Temporary and Agency Workers (Equal Treatment) Bill
*
UK agency worker law
British agency worker law refers to the law which regulates people's work through employment agencies in the United Kingdom. Though statistics are disputed, there are currently between half a million and one and a half million agency workers in ...
*
Free Representation Unit
Law of other countries
* (General Equal Treatment Act) in German federal law
*
Anti-discrimination laws in Brazil
Anti-discrimination laws in Brazil are present in the Constitution of Brazil, in the labour law, in the child and adolescent law, in the ageing law, and in the penal code.
The Brazilian Constitution prohibits all forms of discrimination (age, rac ...
*
Employment equity (Canada)
Affirmative action (also sometimes called reservations, alternative access, positive discrimination or positive action in various countries' laws and policies) refers to a set of policies and practices within a government or organization seeking ...
US law
*
Employment discrimination law in the United States
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United ...
*
Equal Pay Act of 1963
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex (see gender pay gap). It was signed into law on June 10, 1963, by John F. Kennedy as part of his New F ...
*
Civil Rights Act of 1964
The Civil Rights Act of 1964 () is a landmark civil rights and United States labor law, labor law in the United States that outlaws discrimination based on Race (human categorization), race, Person of color, color, religion, sex, and nationa ...
, dealing with race, colour, religion, sex and national origin
*
Age Discrimination in Employment Act
The Age Discrimination in Employment Act of 1967 (ADEA; to ) is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States (see ). In 1967, the bill was signed into law by Pr ...
of 1967
*
Immigration Reform and Control Act
Immigration is the international movement of people to a destination country of which they are not usual residents or where they do not possess nationality in order to settle as permanent residents. Commuters, tourists, and other short- ...
of 1986, giving limited protection for immigrant status
*
Americans with Disabilities Act
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, ...
of 1990
*
Family and Medical Leave Act
The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected, unpaid leave for qualified medical and family reasons. The FMLA was a major part of President Bill ...
of 1993, protecting rights to leave in the event of pregnancy
*
Employment Non-Discrimination Act
The Employment Non-Discrimination Act (ENDA) is legislation proposed in the United States Congress that would prohibit discrimination in hiring and employment on the basis of sexual orientation or, depending on the version of the bill, gender i ...
, proposed legislation to outlaw orientation and gender identity discrimination.
Notes
References
;Books
*
Hugh Collins
Hugh Collins, (born 21 June 1953) is Cassel Professor of Commercial Law at the London School of Economics and Political Science, and emeritus ''Vinerian Professor of English Law'' at All Souls College, having retained the emeritus title after T ...
,
Keith Ewing
Keith David Ewing (born 29 March 1955) is professor of public law at King's College London and recognised as a leading scholar in public law, constitutional law, law of democracy, labour law and human rights.
Ewing has been described as "one of ...
,
Aileen McColgan
Aileen McColgan, KC is a British barrister and academic. She was Professor of Human Rights Law at King's College London between 2001 and 2018 and is now Professor of Law and Social Justice at the University of Leeds. She is an expert in labour l ...
, ''Labour Law, Text, Cases and Materials'' (Hart 2005)
*
Simon Deakin
Simon Deakin (born 26 March 1961) is Professor of Law at the Faculty of Law, Cambridge, and a Fellow of Peterhouse, Cambridge. He is regarded as the leading expert in the field of employment law and labour law and is the programme director in ...
, Gillian Morris, ''Labour Law'' (Hart 2004)
*
Lord Wedderburn
Kenneth William Wedderburn, Baron Wedderburn of Charlton, (13 April 1927 – 9 March 2012) was a British politician and member of the House of Lords, affiliated with the Labour Party. He briefly became a crossbench member, citing his disl ...
, ''The Worker and the Law'' (Sweet and Maxwell 1986)
*
Gary Becker
Gary Stanley Becker (; December 2, 1930 – May 3, 2014) was an American economist who received the 1992 Nobel Memorial Prize in Economic Sciences. He was a professor of economics and sociology at the University of Chicago, and was a leader of ...
''The Economics of Discrimination'' (2nd edn 1971)
*
Richard Posner
Richard Allen Posner (; born January 11, 1939) is an American legal scholar and retired United States circuit judge who served on the U.S. Court of Appeals for the Seventh Circuit from 1981 to 2017. A senior lecturer at the University of Chicag ...
,
The Efficiency and Efficacy of Title VII (Dec 1987) 136(2)
University of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'', formerly known as the ''American Law Register'', is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law ...
513-521
;Articles
*C O’Cinneide, “The Commission for Equality and Human Rights: A New Institution for New and Uncertain Times” (2007)
Industrial Law Journal
The ''Industrial Law Journal'' is a legal journal which publishes articles in the field of labour and employment law, published quarterly by the Industrial Law Society in the United Kingdom, and founded in 1971.
The journal publishes articles o ...
141
External links
Equality Act 2010*
Equality and Human Rights Commission
The Equality and Human Rights Commission (EHRC) is a non-departmental public body in Great Britain, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of e ...
br>
;Trade Unions
Trade Union and Labour Relations (Consolidation) Act 1992
;Non-permanent workers
*
Part-time Work Directivebr>
97/81/EC*
Fixed-term Work Directive
The Fixed-term Work Directive''99/70/ECis one of three EU Directives that regulate atypical work. Alongside the Part-time Work Directive and the Agency Work Directive its aim is to ensure that people who have not contracted for permanent jobs are ...
br>
99/70/EC*
Agency Workers Directive
The Temporary Agency Work Directive''2008/104/ECis an EU Directive agreed in November 2008 which seeks to guarantee those working through employment agencies equal pay and conditions with employees in the same business who do the same work. It is ...
br>
2008/56/EC*
SI 2000/1551*
Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002SI 2002/2034
;Protected characteristics
whose Article 141 address equal pay between men and women. Article 13, introduced by the
Treaty of Amsterdam
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; i ...
in 1996, is the basis for
*Framework Directiv
2000/78/EC*Race Equality Directiv
2000/43/EC*Equal Treatment Directiv
2006/54/EC replacin
97/80/EC76/207/EECan
2002/73/EC
;Other websites
*Support for employers
Employers' Forum on Disability
{{DEFAULTSORT:United Kingdom Employment Discrimination Law
Anti-discrimination law in the United Kingdom
United Kingdom labour law
Employment discrimination
Equal employment opportunity