Sex Discrimination Act 1975 & 1986: It is against the law for an employer to discriminate against, victimise or harass an applicant or an employee because of their sexual orientation, or their perceived sexual orientation. Sex discrimination is discrimination on the grounds of sex. All terms and conditions of employment are covered. It also includes applying a 'provision, criterion or practice' which, although it applies to men and women equally, puts women at a disadvantage compared to men and which the employer cannot show is a proportionate means of achieving a legitimate aim. Such an example could be a requirement to work full time. In very limited circumstances, there are some jobs which can require that the job-holder is a man or a woman. This is known as a 'genuine occupational qualification'. The list of genuine occupational qualifications is restricted. E.g. where the job holder is likely to work in circumstances where members of one sex are in a state of undress and might reasonably object to the presence of a member of the opposite sex such as a bra-fitting service. - http://www.acas.org.uk/index.aspx?articleid=1411
Race Relations Act 1976: The 1976 Race Relations Act makes it unlawful for an employer to discriminate against their employees on racial grounds. The Act covers colour, nationality, ethnic or national origins. Direct discrimination is the most obvious form of discrimination (e.g. where a particular job is only open to people of a specific racial group). Indirect discrimination takes place where the employer treats all workers the same way, whatever their race etc, but the result of the treatment is that workers of a particular racial group are disadvantaged. (E.g. like introducing a dress code without good reason, which might discriminate against some ethic groups). Some jobs exempt from this Act such as, a black actor/actress needed for a particular role in a film or TV.
Disability Discrimination Act 1995: The Disability Discrimination Act is a piece of legislation that promotes civil rights for disabled people and protects disabled people from discrimination. The Disability Discrimination Act defines a disabled person as someone who has a “physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities”. Many people think a physical or sensory impairment is a disability and a mental impairment is not. But if you have a mental health problem you may be covered by the DDA also. Under the DDA, your employer has a duty to make ‘reasonable adjustments’ to make sure you are not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace. E.g. adjusting premises, moving equipment and re-allocating some duties. An employer can get further help and information about employing a person with disabilities by having access to work programmes run by Jobcentre plus.
Equal Pay Act 1970: This Act requires employers to pay men and women equally. This includes all aspects of pay including benefits, childcare allowances, sickness benefits and car allowances. Employees are also entitled to know how their pay is made up. E.g. if there is a bonus system, everyone should know how to earn bonuses and how they are calculated. The Act allows an individual to claim pay equal to that received by members of the opposite sex on the grounds that they are doing:
- Like work
- Work rated as equivalent under a job evaluation scheme
- Work of Equal Value - in terms of demands made under such headings as effort, skill and decision-making
Claims can be pursued through the Employment Tribunal system.
- http://www.direct.gov.uk/en/index.htm
Rehabilitation of Offenders Act 1974: The Act enables criminal convictions to become ‘spent’, or ignored after a ‘rehabilitation period’.
Applicants who are asked on an application form or at an interview whether they have any previous convictions, if they do, they can answer no if the convictions have been spent.