Legal Framework
The legal framework is about to change as the Equality Act 2010 comes into effect from this October - this new law extends the current levels of protection from discrimination whilst at the same time it goes a long way to simplifying the current legal framework by replacing over 100 statutory instruments. Email us to find our more or to recieve a free briefing paper.
This short summary outlines the main elements of current anti-discrimination laws. It is not intended to be comprehensive, not all pieces of legislation are listed here, but it does provide a flavour of the protection from discrimination that the law provides at this moment in time.
Race Relations Act 1976 as Amended 2000
The Race Relations Amendment Act 1976 makes it unlawful to treat a person less favourably than another on racial grounds - this includes race, colour, nationality (including citizenship) and national or ethnic origin.
This was amended and strengthened by the Race Relations (Amendment) Act 2000 which outlaws discrimination (direct and indirect) and victimisation in all public functions. It also places upon public authorities a duty to eliminate unlawful discrimination, promote equality of opportunity and promote good relations between persons of different racial groups. Most public authorities are required to publish a Race Equality Scheme to set out how they will meet the pro active duties including their arrangements for training staff, equality monitoring and impact assessments.
Disability Discrimination Acts 1995 and 2005
The DDA 1995 prohibits discrimination against disabled people in the areas of employment, the provision of goods, facilities, services and premises, education and provided for regulations to improve access to public transport.
The DDA 2005 placed upon public authorities new statutory duties to: promote equality of opportunity between disabled and other persons, eliminate discrimination that is unlawful, eliminate harassment of disabled persons that is related to their disability, promote positive attitudes towards disabled persons, encourage participation in public life by disabled persons, take steps to take account of disabled persons disabilities, even where that involves treating disabled persons more favourably than other persons.
Most public authorities are required to publish a Disability Equality Scheme to set out how they will meet the pro active duties including thiner arrangements for training staff, equality monitoring and impact assessments.
Sex Discrimination Act 1975
The Sex Discrimination Act (as amended) applies to men and women of all ages and prohibits discrimination on grounds of a persons sex against individuals in the areas of employment, education, the provision of goods, facilities and services and in the disposal or management of premises. Unlawful discrimination includes direct and indirect discrimination on grounds of sex, pregnancy and maternity leave, gender reassignment, marital status. It also provides protection from victimisation, harassment and sexual harassment.
The Act was further amended by the Equality Act 2006 which placed upon public bodies a duty to eliminate unlawful discrimination, eliminate harassment and promote equality of opportunity between men and women. Most public authorities are required to publish a Gender Equality Scheme to set out how they will meet the pro active duties including their arrangements for training staff, equality monitoring and impact assessments.
Equal Pay Act 1970
The Equal Pay Act gives an individual a right to the same contractual pay and benefits as a person of the opposite sex for like work, work rated as equivalent or work that is proved to be of equal value.
Employment Regulations
There are a number of Employment Regulations that impact upon equality including:
- The Employment Equality(Gender Reassignment) Regulations
- Employment Equality (Sexual Orientation) Regulations Employment Equality (Religion or Belief) Regulations
- Employment Equality (Age) Regulations
The Employment Equality Regulations set out different provisions for each strand and together provide a framework that protects people from direct and indirect discrimination, harassment and victimisation in employment and vocational training.
Human Rights Act 1998
The Human Rights Act came into effect in October 2000 making enshrining the European Convention on Human Rights part of English law.
The convention rights include:
Right to life
Prohibition of torture
Prohibition of slavery and forced labour
Right to liberty and security
Right to a fair trial
Right to respect for private and family life
Freedom of thought
Freedom of expression
Freedom of assembly and Association
Right to marry
Right to an effective remedy
Prohibition of discrimination
Restriction on political activity of aliens
Protection of property
Right to education
Right to free elections
Abolition of the death penalty
