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

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