Employee Rights: How employment law safeguard employees and how the equal opportunities of employees are safeguarded by legislation.

> In the provision of opportunities for promotion, transfer or training.

> In the benefits, facilities or services an employer grants to employees.

> In dismissals, redundancy or other unfavourable treatment of employees.

Jobs cannot be labelled as 'for men' or 'for women' except in very specific circumstances where the person's sex is considered to be a 'genuine occupational qualification' (e.g. acting) or the work takes places entirely or mostly abroad.

The Sex Discrimination Act covers two types of discrimination:

> Direct discrimination - unfair treatment because of a person's sex

> Indirect discrimination - setting conditions that appear fair but in fact discriminate against one sex

The Race Relations Act 1976

If an employer treats a black worker differently from how they would treat a white worker in the same circumstances. The fundamental question is whether a person is treated differently due to their race, colour or nationality. If it was not for that person being black he/she would have been recruited or promoted etc. Direct discrimination is the most obvious form of discrimination. The central issue that needs to be examined is what the employer does and not what the motives may be.

Examples of different motives, which are unlawful, are:

> Loss of business: an employer treats a Black worker differently due to fear of a customer disapproval or outside pressure.

> Reaction of existing workforce: an employer treats a black worker differently due to fear of industrial unrest or that a worker will not 'fit in' or that white workers will not take orders from a black supervisor.

> Unconscious discrimination: an employer in fact treats a Black worker differently, but without realising it.

It is clearly easier to show discrimination where the employer displays racial prejudice than showing that unconscious attitudes or stereotyping operated.

Example One:

Mrs B is a junior manageress working in a strategic post for a large Multinational Corporation. She is the only black manageress in her section. Mrs B supervises three white members of staff. Two of them object to being managed by a black woman and have threatened to resign if Mrs B is not moved.

The corporation in order not to loose two highly experienced staff decide to remove Mrs B is a post where there is no managerial responsibilities. The corporation are liable under the Race Relation Act for direct racial discrimination by moving Mrs B.

Example two:

Mr S an Asian man has been working as an engineer, at a motor vehicle plant for a number of years. Recently Mr S been receiving racial abuse from a new white employee whose brother is the low shop steward. Mr S makes a complaint and is moved by his local management to a new post in the plant.

The plant under the Act is liable of direct race discrimination by transferring Mr S.

The Disability Discrimination Act 1995