Unfair Dismissal and Discrimination in the workplace is undoubtedly unacceptable and businesses that turn a blind eye to any form of victimisation or harassment will ultimately suffer from a strained reputation as a poor employer, unable to attract well-qualified and motivated personnel. The fact is that by tackling discrimination, employers will make the best use of the skills and experience of their staff and so linking fairness at work and good job productivity.
We already have in place legislation to protect individuals against Unfair Dismissal and Discrimination in respect of Sex, Race and Disability.
The Christmas season, which is now firmly upon us, has seen the introduction of employment legislation in the form of the Employment Equality (Sexual Orientation) and the Employment Equality (Religion or Belief) Regulations 2003 (the Regulations) that will have the effect of tackling discrimination.
This legislation establishes basic requirements of employers ensuring that individuals can no longer be denied jobs as a result of prejudice. It is expected that issues such as harassment will be dealt with promptly and effectively and that equality will permeate every level of employment to enable anyones chances of training and promotion to be unaffected by their background.
In short the Regulations are set to prohibit discrimination within employment and vocational training on the grounds of a persons sexual orientation and religion or belief.
Sexual Orientation
The Employment Equality (Sexual Orientation) Regulations apply to outlaw discrimination on the grounds of people in terms of their orientation towards persons of the same sex (lesbians or gays), the opposite sex (heterosexuals) and the same sex (bisexuals). The regulations include those perceived to have a sexual orientation.
For example a female worker, who has a same sex partner and is continually referred to by male nicknames, may find this both distressing and humiliating. This situation may amount to harassment.
Religion or Belief
The Employment Equality (Religion or Belief) Regulations signify a widening of equality legislation for employees and are applicable to discrimination on grounds of religion, religious belief or related philosophical belief. They protect against discrimination on grounds of perceived religion or belief. There is no specific definition of religion or belief but factors, which we understand will be taken into account when assessing whether a person has a religion or belief, may include collective worship, a clear belief system and a belief affecting an individuals way of life.
The Regulations do not protect against discrimination on grounds of belief not associated to a religion or philosophical belief. For example, being a member of a political party or being a fanatical supporter of a particular rugby club.
When do the Regulations apply?
Both the Regulations on Sexual Orientation and Religion or Belief are now in force and apply throughout an employment and vocational training relationship, which includes the recruitment process, the workplace, on dismissal and in exceptional circumstances after the employment has terminated.
Genuine Occupational Requirement
There exist limited circumstances where it will be lawful for an employer to treat people differently when there is a genuine occupational requirement that a worker must be of either a particular religion or sexual orientation. Such a requirement must be able to be established as a necessity in order to defeat a potential claim of discrimination.
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2003 has seen numerous changes in employment legislation to the benefit of the employee; we are looking forward to further developments in the New Year.
