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The six strands of diversity
Age
Covered by the
Employment Equality (Age) Regulations 2003
Age legislation
In operation from 1st October 2006 The law provides protection against age
discrimination in employment and education, for people of all ages
The new law will not cover discrimination in goods and services
Disability
Covered by:
The Disability Discrimination Act 1995 and 2005
Disability
A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities.”
Disability Discrimination Act 1995
Disability legislation
The DDA 1995 – – outlawed discrimination in employment and services
Created reasonable adjustments
The DDA 2005 – – created a new duty to promote disability equality for
the public sector
Lewis – v – Denny (2006)
Mrs Lewis has what she describes as "a deformed left hand"
She alleged that while at work on 20 May 2005 the respondent's managing director, Mr Denny, called her a "stupid flid" and a "spaz". She resigned later that day.
The respondent admitted that the word "flid" had been used in Mrs Lewis's presence and hearing, but denied that the abuse was directed towards her. The respondent denied using the word "spaz".
The respondent apologised to Mrs Lewis and asked her to reconsider her resignation, but she refused.
The tribunal found that, although his remark was not, in fact, directed at her, Mrs Lewis was genuinely upset when she overheard Mr Denny use the word "flid" after a difficult telephone conversation.
Concluded that the respondent's behaviour constituted disability-related harassment.
Mrs Lewis failed to establish that she had been constructively dismissed. Although the tribunal had found that the harassment amounted to a breach of contract.
It was an isolated incident, for which the respondent had immediately apologised.
Gender
Covered by the Sex Discrimination
Act 1975
Gender legislation
Equal Pay Act 1970 Sex Discrimination Act 1975
– Outlawed discrimination in education, employment and in the provision of services, goods and facilities
– It also prohibits discrimination in employment against married people
Gender Equality Duty 2007 – created a duty to promote gender equality for the
public sector
Gender legislation
Gender Recognition Act 2005
The purpose of the Gender Recognition Act is to provide trans people with legal recognition in their acquired gender
CASE: A –v- Chief Constable of West Yorkshire Police (2004)
Refused to appoint a male to female post-operative trans person on the grounds of gender reassignment
Police and Criminal Evidence Act (PACE) requires suspects to be searched by persons of same gender
Claimed GOR Decision: Disproportionate response. Found in favour of claimant at House of Lords
Race
Covered by the Race Relations Act 1976
Race legislation
Race Relations Act – Outlawed discrimination in education, employment
and in the provision of services, goods and facilities based on race, colour, nationality (including citizenship), or ethnic or national origin
Race Relations (Amendment) Act 2000
– created a duty to promote race equality for the public sector
Religion and belief
Covered by the Employment Equality (Religion or Belief) Regulations 2003
And
The Equality Act 2006
Religion or Belief legislation
• The 2003 Regulations ensured that direct and indirect discrimination; victimisation and harassment on the grounds of religion or belief are outlawed in all aspects of employment
• The Equality Act 2006 included protection in the provision of goods, facilities and services
Case: M. Khan –v- NIC Hygiene (2005)
MK understood that he could take all of his 25 days plus a week unpaid leave for his Hajj pilgrimage.
Written leave request submitted, Manager said no response meant yes.
NIC Hygiene said it was unauthorised leave Found: Unfairly dismissed £20,000 compensation
Case: Williams-Drabble v Pathway Care Solutions Ltd (2005)
Mrs Williams-Drabble worked as a social worker in a residential home. She was a committed Christian and had explained on appointment that she was not prepared to work on Sundays.
Some years later a new shift rota system was introduced that required all staff to work a share of Sundays.
Mrs Williams-Drabble resigned and claimed that this amounted to indirect religious discrimination.
The company was unable to show that the change amounted to a 'proportionate means of achieving a legitimate aim'.
Mrs Williams-Drabble won her case and £4000 compensation for injury to feelings.
Sexual Orientation
Covered by the Employment Equality
(Sexual Orientation) Regulations 2003
And
The Equality Act 2006
Sexual Orientation legislation
• The 2003 Regulations ensured that direct and indirect discrimination; victimisation and harassment on the grounds of sexual orientation are outlawed in all aspects of employment
• The Equality Act 2006 included protection in the provision of goods, facilities and services
Case: R. Whitfield –v- Cleanaway (2004)
Homophobic abuse including the nickname Sebastian
Abuse from Senior staff also Sued for breach of contract, unfair constructive
dismissal, harassment and discrimination Awarded £35,000
Mann -v- BH Publishing Limited and Tim Henderson (2006)
Mr Mann was open with colleagues about being gay. Tim Henderson was his manager.
From the outset, Tim Henderson, known for his mimicry skills, mimicked Mr Mann's accent. Mr Mann initially "went along" with this but after two days' he asked Mr Henderson to desist
During an after-work drink at the pub, other colleagues teased and taunted Mr Mann
At work, other suggestive behaviour occurred Complaints to Mr Henderson went unheeded and Mr
Mann did not return to work after two weeks.
Findings
Upheld: claims of discrimination and harassment. The mimicry and other allegations, including those relating to the after-work drink in the pub, which was found to be during the course of employment.
The tribunal awarded Mr Mann £20,300 plus interest, apportioning 80% to the company and 20% to Tim Henderson.
The award included more than £3,000 aggravated damages in respect of the intimidatory, combative and offensive way in which the company’s chief executive officer, Mr Harrington, had conducted correspondence relating to the claim.
Flexible Working
Parents of children under 6 or 18 if disabled now have right to request flexible working
Increased maternity (or adoption) leave from 26 to 52 weeks
Paternity leave for 2 weeks for partner of mother or adopter.
2006 Work and Families Act
Rights for Carers right to take time off to care
for dependents in an emergency
Partner, child , parent or someone living with you as part of your family
As long as it takes to deal with the immediate emergency
No right to be paid
Advice on best practice Training for managers and supervisors Board programmes Creation of an Equal Opportunities policy
specifically suited to your organisation
To contact us ring 0207 272 3400
How can Challenge Consultancy help?