ngsu regional councils – may/june 2014 discrimination nationwide group staff union

NGSU Regional Councils – May/June 2014

DiscriminationDiscrimination

Nationwide Group Staff Union


AgendaAgenda

• Discrimination in the Workplace• Equality Act 2010• Direct & Indirect Discrimination• Burden of Proof• Harassment & Victimisation• Disability Discrimination• Northern Ireland• Equality at NGSU/Nationwide


Discrimination in WorkplaceDiscrimination in Workplace

• Protection against discrimination exists in law

• Unjust treatment at work maybe unfair but might not be discrimination

• Different rights and remedies apply – so its important to understand the difference


Equality Act 2010Equality Act 2010

• Protects people from discrimination because of a ‘protected characteristic’– Age– Disability– Gender Reassignment– Married or Civil Partner status– Pregnancy or Maternity– Race– Religion or Belief– Sex

– Sexual Orientation


Equality Act 2010Equality Act 2010

• The Equality Act 2010 harmonised all discrimination law into one piece of legislation (but not in Northern Ireland)– Equal Pay Act 1970 – Sex Discrimination Act 1975 – Race Relations Act 1976 – Disability Discrimination Act 1995 – Religion or Belief Regulations 2003– Sexual Orientation Regulations 2003– Age Regulations 2006

• The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 – public authorities


Direct DiscriminationDirect Discrimination

• A person must not be treated less favourably than someone else in a similar situation because of one of the protected characteristics– A woman is paid less than a man for doing the

same job– A black worker is denied promotion although they

have the same skills and experience as a white worker



• Protection also exists where less favourable treatment is applied because – A person has an association with someone who

has a protected characteristic e.g. a person with a disabled child is treated less favourably than other workers in respect of flexible working opportunities

– A person is wrongly perceived to have a protected characteristic and suffers a detriment because of that characteristic



• If Direct Discrimination is found an employer has no defence and cannot justify their actions – except…

• Age – where the discrimination is objectively justified

• Obeying another law – where activity is legally restricted

• Occupational requirements – where a protected characteristic is central to a role

• National Security – where the discrimination is proportionate

• Other exceptions which are objectively justified and proportionate (representing a religion)



• Workers who are pregnant or on maternity leave are protected from unfavourable treatment– cannot be denied recruitment or promotion

opportunities– suffer a detriment because of a pregnancy

related absence– are entitled to pay rises while on mat leave

• No comparator with a non-pregnant person is required

• An employer has no defence


Indirect DiscriminationIndirect Discrimination

• Arises where a provision, criterion or practice (PCP) disadvantages people who share a particular protected characteristic – A shift pattern may disadvantage women as they

are more likely to have primary care responsibilities for young children

– A requirement to have held a driving licence for 10 years may discriminate against young people


Indirect DiscriminationIndirect Discrimination

• Indirect discrimination can apply to all protected characteristics except pregnancy and maternity

• An employer can offer a defence if the PCP is shown to be of proportionate means of achieving a legitimate aim


Burden of ProofBurden of Proof

• The obligation of proving a disputed charge or allegation in a court or tribunal

• The Equality Act 2010 contains provisions on the application of the burden of proof – where an applicant proves facts from which the

tribunal could conclude that the respondent had committed a discriminatory act, the tribunal shall uphold the complaint unless the respondent provides an adequate non-discriminatory explanation for the treatment


Harassment Harassment

• Protection exists under the Equality Act 2010

• ‘Harassment’ is conduct related to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating a hostile or offensive environment for them


Harassment Harassment

• It is not necessary for a victim to have the protected characteristic to bring a claim– A man who is not gay but is perceived to be and is

the subject of homophobic ‘jokes’ could claim harassment related to sexual orientation

• It is not necessary to be a specific target of harassment to bring a claim– A woman in a male dominated environment who

has to listen to derogatory comments about women, even if not about or directed at her, could claim harassment


VictimisationVictimisation

• Victimisation occurs when a worker is treated badly by their employer because they have made or supported a complaint raised under the Equality Act– exclusion from normal activity– providing a poor reference – covers Trade Union Reps


Disability Discrimination Disability Discrimination

• The Act places a duty on employers to make reasonable adjustments to premises, job tasks, equipment to remove anything that places a disabled person at a substantial disadvantage


Disability Discrimination Disability Discrimination

• The duty only applies to people who can show they meet the definition of disability under the Equality Act

• It does not apply if an employer did not know, or could not reasonably know, the person was disabled


Disability DiscriminationDisability Discrimination

• Definition of Disability– A person is considered disabled under the Equality

Act if they have a physical or mental impairment that substantially affects their ability to do normal day-to-day activities over the long term

– Normal activities – mobility; physical coordination; concentration; perception of risk

– Long term – has lasted or is likely to last for at least 12 months or the rest of their life

– Progressive conditions that don’t have a current substantive adverse effect but will overtime

– Cancer; HIV infection and multiple sclerosis are considered disabilities



• Reasonable Adjustments – what is reasonable?– not defined but cost; practicality; size and

nature of organisation will have a bearing

• Adjustments can be physical changes to premises or provision of equipment but can also including allowing more time to complete tasks; flexible working or transferring work to others



• Pre-employment health questions– Employers are banned from asking

questions about a candidate’s health before a job offer is made

– They can ask if a reasonable adjustment needs to be made to the application/interview process; if a candidate will be able to carry out an essential task; if they are disabled as part of equality monitoring


Northern IrelandNorthern Ireland

• Has own legislation that mirrors the pre-Equality Act regulation

• The Equality Commission of Northern Ireland– an independent public body established under the

Northern Ireland Act 1998 – private sector employers with more than 10

employees are required to register – employers are required to monitor and review the

religious composition of the workforce


Northern IrelandNorthern Ireland• Legislation:

– Equal Pay Act (Northern Ireland) 1970– Disability Discrimination Act 1995– Northern Ireland Act 1998– Civil Partnership Act 2004– Sex Discrimination (Northern Ireland) Order 1976 (SI 1976/1042) (NI 15)– Race Relations (Northern Ireland) Order 1997 (SI 1997/869) (NI 6)– Fair Employment and Treatment (Northern Ireland) Order 1998 (SI 1998/3162) (NI

21)– Equality (Disability, etc) (Northern Ireland) Order 2000 (SI 2000/1110) (NI 2)– Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR– 2003/497)– Employment (Northern Ireland) Order 2003 (SI 2003/2902) (NI 15)– Equal Pay (Questions and Replies) Order (Northern Ireland) 2004 (SR 2004/322)– Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004

(SR 2004/494)– Employment (Northern Ireland) Order (Dispute Resolution) Regulations 2004 (SR

2004/521)– Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005 (SR

2005/426)– Employment Equality (Age) Regulations (Northern Ireland) 2006 (SR 2006/261)– Disability Discrimination (Northern Ireland) Order 2006 (SI 2006/312) (NI 1)– Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern

Ireland) 2011 (SR2011/168


Equality at NGSUEquality at NGSU

• NGSU policy statement:– The Union will include the promotion of equality

through collective bargaining, organisation, union structures, the employment of staff, education, the provision of services and benefits and all other activities

• National Equality Officer– Is a specific position on the National Executive

Committee. Rebecca Mckenzie is the elected Equality Officer for the 2014/2015


Equality at NationwideEquality at Nationwide

• Diversity and Inclusion Team in HR is responsible for the equality strategy

• NGSU is represented on strategic and implementation committees

• Engagement with staff via Employee Networks

• Current focus on Disability and Ethnicity – Black Workers History Month (Oct 2014)


Useful InformationUseful Information

• Equality and Human Rights Commission – www.equalityhumanrights.com

• Equality Commission (NI)– www.equalityni.org

• Nationwide Policies– Diversity & Inclusion Policy– Wellbeing Policy (Disability Leave)– Disability and Reasonable Adjustment

Guide– Harassment & Bullying Policy

ngsu regional councils – may/june 2014 discrimination nationwide group staff union

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