Indirect sex discrimination occurs when an employer applies a provision or criteria equally to both men and women which puts one sex at a disadvantage. Example An employer specifies in a job advertisement that all applicants must be over 180cm; this would put women at a disadvantage
The only exception of the Sex discrimination act is when the employer can prove that recruiting a person of a specific sex is a genuine occupational requirement for example a manager in a women’s health club.
Employers must adhere to the Equality Act 2010 in order to avoid legal action. On the other hand, in my opinion the law can easily be by passed and legal action does not materialise.
It is also important to consider that gender realignment discrimination is also included in the Equality Act 2010. Employers must consider that it is unlawful to discriminate against a candidate who has had gender realignment surgery. After all gender realignment has no relevance to a persons ability to do a job. In general, discrimination occurs when a transsexual individual is treated less favourably than another employee because of their gender realignment. For example, failure to deal with a transsexual woman in the same manner as other women would be discrimination. Even if she is treated in the same manner, discrimination may still arise if that treatment puts her at a particular disadvantage because of her gender realignment.
The Race relations act 1992 makes it unlawful for anyone to be discriminated against on the grounds of race, colour, nationality, ethnic minority or national origin. Employees must receive protection from this type of discrimination, victimisation and harassment. Employees who believe they have been mistreated under the Race relations act can take their employer to the industrial tribunal. Indirect and direct discrimination can also apply to this act. An example of direct discrimination would be a job advertisement stating that only black people can apply for that job. Indirect discrimination would apply if you were discriminated on the grounds of colour or nationality. For example; a rule that employees must not wear headgear could exclude Sikhs who wear a turban or Jews who wear a yarmulke, in accordance with practise within their racial group.
The next act which employers must consider is the Equal Pay Act 1970. This act forces employers to pay and women equally. This includes all benefits and aspects of pay. When the act was introduced in 1970, the gap between men and women was 37%. This act ensures that men and women are paid equally when they are doing either; the same jobs, equivalent jobs or jobs of an equal value. This is to ensure men and women are paid the same amount when carrying out the same roles.
The Disability discrimination acts 1995 and 2005 make it unlawful for a disabled person to be treated less favourably because they have a disability, unless there are extremely good justified reasons for the employers decision. The employer has a responsibility to make reasonable adjustments to the premises so that disabled applicants or employees are not put to a disadvantage. Making reasonable adjustments may include adding wheelchair access or a hearing loop for a person who is hard of hearing. Employers need to consider all of these points in order to avoid legal action. On the other hand, in reality this law does not work in practise. For the employee/applicant it is very hard to prove that they have been discriminated against. It works in the employers favour as they can simply turn down a disabled applicant because another applicant had higher knowledge and experience. In reality, it is unrealistic for a small business to be able to make the investment and adjustments necessary to accommodate a disabled employee.
Complying with the acts is of course, essential, however it can have many advantages to the business. It can offer the business to promote themselves as a diverse business, in turn conveying a positive message to its employees and customers.
Another aspect of the Equality act 2010 is to consider laws regarding marriage and civil partnerships. As an employee it is unlawful to discriminate an employee who is married or who is registered as a being in a civil partnership. Employees must consider that they have to treat employees who have a civil partnership in the same way as they treat married employees. This includes all pay aspects of the job including maternity pay, holiday and sickness pay etc.
One of the other aspects of the Equality Act is regarding Pregnancy and Maternity. It is important as it is a fundamental part of life and therefore it is illegal to discriminate on these grounds. Employees must consider that they must not dismiss a women because she is taking her maternity leave, deny holiday or other contractual benefits, they must receive paid time off work to attend healthcare appointments and must be able to return to the same job once they have returned from maternity leave.
Additionally, employers must consider that it is unlawful to discriminate a potential employee, on the grounds of their pregnancy. However, it is usually the case that employees will chose not to employee a pregnant women, as they will have to find cover once the employee takes maternity leave. It is therefore the case that pregnant women notify their employees after they have taken employment.
Overall, the business can benefit from the compliance of the act, and create a profitable business.
- Employees will feel valued and will therefore be more motivated to return to work.
- Increase morale, loyalty and motivation amongst the workforce as the employees will see that the company values their staff.
- Conveying a message which will support the reputation of the business.
Additionally, it is important for employee to consider values and morals which are not currently law under the Equality Act 2010. Nepotism is an issue which relates to the favouritism of family members in a business environment. An example of nepotism
by
hlimniotis (student)
