Employment Law

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Employment Law
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Discrimination.

• Direct discrimination.. employer treats a person
  less favorably than another employee because of
  for example, his/her religion or sexual
  orientation. If someone was not given a job
  simply because they were gay, this would be a
  form of direct discrimination.
•  

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Indirect discrimination

• disadvantages people of a certain religion or
  sexual orientation . an employer refusing
  someone time off on a Friday afternoon for
  reasons of religious observance might be
  discriminating indirectly unless, again, they can
  justify their refusal.

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Disability Discrimination Act 1995

• Selection
• Promotion
• Training and career development

The employer has an obligation to make
reasonable adjustments to working conditions or
working arrangements, which may otherwise put
disabled workers at a substantial disadvantage
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Introduced in 3 stages

• Phase3- October 2004 businesses may have to make
  physical alterations to their premises to
  overcome access barriers. I.e. installing ramps
  for wheelchair users. The exemption applying to
  companies that employ fewer than 15 people will
  be soon removed.

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THE REHABILITATION OF OFFENDERS ACT 1974 (amended
1986)

• For applicants convicted of certain offences and
  who have had a period free of convictions.
• After a period of rehabilitation, eg 7 years for
  a prison sentence of up to 6 months, they are not
  obliged to declare the conviction on an
  application form.

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THE SEX DISCRIMINATION ACTS 1975 and 1986 and the
RACE RELATIONS ACT 1976

• Applicants may not be excluded for their sex,
  race, or because they are married.
• Employers must not advertise for people of a
  certain sex or show discrimination in training,
  promotion or dismissal
• GOC (genuine occupational qualification

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EQUAL PAY 1970 and EQUAL PAY (Amendment) ACT 1983

• Men and women should get equal pay when the work
  they do is broadly similar

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EMPLOYMENT ACT 1980

• Women are entitled to paid maternity leave (26
  weeks) with SMP (statutory maternity pay) being
  given.

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The Employment Equality (Sexual Orientation)
Regulations 2003

• unlawful to discriminate on the ground of sexual
  orientation.
• The Regulations provide protection against direct
  and indirect discrimination. Direct
  discrimination may include rejection for
  employment on grounds of sexuality.

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• Equal Opportunities Policy
• All organisations (including schools) should have
  an equal opportunities policy, which states
  exactly how they are going to ensure that no one
  is discriminated against.