|
|
Equal
Opportunities
CEPR is committed to ensuring that it
fulfils its obligations to operate fairly, justly and in accordance with
the laws outlined below. In particular, no employee or potential
employee shall be discriminated against on grounds of gender, race or
disability. CEPR extends the concept of equal opportunity to include discrimination on grounds of religious or political
beliefs or sexual orientation.
This policy is regularly monitored
to ensure that the objectives are achieved. It will be reviewed and, if
necessary, revised in the light of legislative or organizational
changes.
There are a number of Acts
of Parliament that deal with discrimination. The following conveys an
understanding of these laws and our obligations under this legislation:
|
|
|
|
|
| Sex Discrimination Act
1975
The Sex Discrimination Act 1975 (SDA)
makes it unlawful to discriminate on grounds of sex or marital status in
recruitment, promotion and training.
- Direct sex discrimination occurs when
a person of one sex is treated less favourably on grounds of sex
than a person of the other sex would have been treated in the same
circumstances.
- Indirect sex discrimination can occur
where a requirement or condition is applied equally to men and
women, but the proportion of one sex that can satisfy the condition
is much smaller than the proportion of the other sex. Unless it can
be proven that the condition is essential for the job, indirect
discrimination may have taken place. It has also been established
that discrimination against part-time workers may constitute
indirect discrimination against women because nationally, and in
most organizations, the majority of part-time workers are women.
Restricting employment by means of age limits is another possible
instance of indirect discrimination.
- The third type of discrimination
covered by the Act is victimization. This occurs when an individual
is discriminated against because they have exercised their rights
under the Act.
|
|
|
|
|
|
|
| Race
Relations Act 1976
The Race Relations Act 1976 (RRA) makes
it unlawful to discriminate on grounds 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.
Section 8 of the Asylum and Immigration
Act 1996, which came into effect on 27th January 1997 is also relevant.
It deals with the issue of illegal working and makes it a criminal
offence to employ a person who is not entitled to live or work in the
United Kingdom. The act obliges employers to check that new employees
are entitled to live and work in the UK by carrying out a number of
checks before employment commences. The Commission for Racial Equality
has warned that employers should ensure that any changes they make to
their recruitment and selection procedure to comply with the new act do
not put them in breach of the Race Relations Act. In particular, the CRE
guidance states that employers should ensure that the checks (including
documentation requests and their retention) are carried out at the same
stage and in the same way for all applicants and without bias or
discrimination on the basis of their race, colour or ethnic background.
|
|
|
|
|
|
|
| Equal Pay Acts 1970 and 1983
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.
|
|
|
|
|
|
|
| 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.
|
|
|
|