Employment Equality Regulations
Encyclopedia
The Employment Equality Regulations 2003 are secondary legislation in the United Kingdom
, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age. They are now superseded by the Equality Act 2010.
as they are intended to implement within the United Kingdom the provisions of the EU Equal Treatment Directive covering discrimination on the grounds mentioned in the Amsterdam Treaty
(disability, religion or belief, sexual orientation and age - with race and sex discrimination dealt with in other Directives - See EU Anti-Discrimination Directive
).
The regulations, as implemented in Great Britain
and Northern Ireland
cover the following areas:
They include employment, vocational training, professional organisations and trade unions. Cases are heard by an Employment Tribunal
or at a County Court
or Sheriff Court
.
Similar regulations were earlier introduced to allow for employment protection for people who had undergone or were proposing to undergo gender reassignment which amended the Sex Discrimination Act 1975
- and are known as the Sex Discrimination (Gender Reassignment) Regulations 1999.
Sexual Orientation Harassment'
As well as the regulations there has been a succession of case law defining the phrase 'on grounds of sexual orientation' in Regulation 5. One of the most recent cases has been decided by the Court of Appeal and was English v Thomas Sanderson Blinds Ltd 2008. This case has stretch the definition and protection offered to a new dimension.
Previously protection had been extended so to as incorporate those perceived to be homosexual or bisexual, as well as through an association with homosexual or bisexual persons. However, the facts in English were that Mr. English was not gay, was not perceived to be gay by his tormentors, but was still treated as though he was. The tormentors in this case in fact knew that Mr. English was straight with children. The court found this was still sufficient connection to satisfy being 'on ground of sexual orientation' for Mr. English to be afforded protection under Regulation 5 of the Act.
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United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, which prohibited employers unreasonably discriminating against employees on grounds of sexual orientation, perceived sexual orientation, religion or belief and age. They are now superseded by the Equality Act 2010.
Outline
The regulations are brought into force under the terms of the European Communities Act 1972European Communities Act 1972
European Communities Act 1972 can refer to:*European Communities Act 1972 * European Communities Act 1972...
as they are intended to implement within the United Kingdom the provisions of the EU Equal Treatment Directive covering discrimination on the grounds mentioned in the Amsterdam Treaty
Amsterdam Treaty
The Amsterdam Treaty, officially the Treaty of Amsterdam amending the Treaty of the European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Maastricht Treaty,...
(disability, religion or belief, sexual orientation and age - with race and sex discrimination dealt with in other Directives - See EU Anti-Discrimination Directive
Directive 2000/43/EC on Anti-discrimination
The EU Racial Equality Directive implements the principle of equal treatment between persons irrespective of racial or ethnic origin...
).
The regulations, as implemented in Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
cover the following areas:
- Direct
- Indirect
- victimisationVictimisationVictimisation is the process of being victimised or becoming a victim. Research that studies the process, rates, incidence, and prevalence of victimization falls under the body of victimology.-Peer victimisation:...
- harassmentHarassmentHarassment covers a wide range of behaviors of an offensive nature. It is commonly understood as behaviour intended to disturb or upset, and it is characteristically repetitive. In the legal sense, it is intentional behaviour which is found threatening or disturbing...
They include employment, vocational training, professional organisations and trade unions. Cases are heard by an Employment Tribunal
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
or at a County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
or Sheriff Court
Sheriff Court
Sheriff courts provide the local court service in Scotland, with each court serving a sheriff court district within a sheriffdom.Sheriff courts deal with a myriad of legal procedures which include:*Solemn and Summary Criminal cases...
.
Similar regulations were earlier introduced to allow for employment protection for people who had undergone or were proposing to undergo gender reassignment which amended the Sex Discrimination Act 1975
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...
- and are known as the Sex Discrimination (Gender Reassignment) Regulations 1999.
Sexual Orientation Harassment'
As well as the regulations there has been a succession of case law defining the phrase 'on grounds of sexual orientation' in Regulation 5. One of the most recent cases has been decided by the Court of Appeal and was English v Thomas Sanderson Blinds Ltd 2008. This case has stretch the definition and protection offered to a new dimension.
Previously protection had been extended so to as incorporate those perceived to be homosexual or bisexual, as well as through an association with homosexual or bisexual persons. However, the facts in English were that Mr. English was not gay, was not perceived to be gay by his tormentors, but was still treated as though he was. The tormentors in this case in fact knew that Mr. English was straight with children. The court found this was still sufficient connection to satisfy being 'on ground of sexual orientation' for Mr. English to be afforded protection under Regulation 5 of the Act.
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External links
- "The Equality Act (Sexual Orientation) Regulations (Northern Ireland) 2006"
- The Equality Act (2006)
- "Sexual Orientation", Women and Equality Unit, UK Government