Race Relations Act 1976
The Race Relations Act 1976 (RRA) makes it unlawful to discriminate because of race, colour, nationality or ethnic or national origin. This Act covers recruitment, promotion and training. The Act covers direct discrimination, indirect discrimination and victimization. Examples of indirect discrimination would include recruiting from sources, which exclude areas of high settlement of minority ethnic groups or insisting on British qualifications. Word of mouth recruitment in an organization where people from ethnic minority communities are under-represented would also constitute indirect discrimination.
Disability Discrimination Act 1995
The employment sections of the Disability Discrimination Act came into effect on 2nd December 1996. This Act operates in a similar way to the Race Relations Act and the Sex Discrimination Act, but also places a duty on an employer to make 'reasonable adjustments' to premises or working practices to allow a disabled person to be employed. The definition of disability is wide and includes physical disabilities, sensory disabilities (visual or hearing impairment), learning difficulties, mental health problems as well as progressive conditions such as Multiple Sclerosis and Aids.
Human Rights Act 1998
The Human Rights Act was incorporated into UK law on 1st October 2000 and is intended to implement the European Convention on Human Rights in the UK. The latter outlines several issues, including rights to freedom of thought, conscience & religion, the right to respect for private and family life and in particular, ‘The enjoyment of the rights and freedoms… shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.’ In terms of recruitment it may outlaw discrimination on grounds of sexual orientation, religious belief or possibly family circumstances in addition to the types of discrimination discussed above.
Employment Protection in the Workplace
Employees in the workplace need protection from the following areas:
- Wage Protection
- Against unfair treatment or unfair dismissal
- Health and Safety at work.
Wage Protection
Workers have the right to be paid for what they do. There should be a written agreement between the worker and the employer, the Contract of Employment, which must include the rate of pay.
Equal Pay Act 1970
The Equal Pay Act (1970) came into force originally at the end of 1975 and its purpose was to eliminate discrimination in pay between men and women. It was amended in 1983 to include work of equal value and most claims are now under this part of the Act. 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.
Minimum Wage
The UK now has minimum wage legislation. This means that it is illegal for an employer to pay an hourly rate below the minimum set by the law. One of the main reasons a minimum wage was set was to prevent businesses from exploiting unskilled workers who could not easily find other work.
Unfair dismissal
Employees need protection against being unfairly dismissed. Examples of when it is unfair to dismiss an employee include, because:
- They are a member of a trade union
- They are pregnant
- They refuse to work Sunday
If an employee thinks that he or she have been unfairly dismissed then they can take their cage to an Industrial Tribunal. This Industrial Tribunal will hear both sides of the argument and if it believes that the employee had been unfairly dismissed then it will award the employee compensation and may force the company to give them back their job.
Disciplinary Procedures
The contract of employment sets rules that a firm must follow if it wishes to dismiss an employee for unsatisfactory work or misconduct. Usually a verbal warning is given first, then a first written warning is given, and a final written warning is issued. Once this procedure has taken place an employee may be legally dismissed from work. Employees can be instantly dismissed if they are found guilty of Gross Misconduct. This means that they have committed a serious offence at work e.g. theft.
