1 Equal Opportunities Facts Strong occupational segregation by race and gender still persists eg one in 4 Pakistani men is a taxi driver; one in 3 women.

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Presentation transcript:

1 Equal Opportunities Facts Strong occupational segregation by race and gender still persists eg one in 4 Pakistani men is a taxi driver; one in 3 women is in a managerial job while more than ¾ of administrative jobs are done by women. People with mental health problems face significant difficulties accessing work eg only 23% of people with depression are in employment.

2 Equal Opportunities Facts Lesbian, gay or bisexual adults are twice as likely to report harassment, discrimination or other unfair treatment at work compared to other employees. The gender pay gap widens significantly as a result of motherhood, with mothers with mid-level qualifications facing a 25% loss in lifetime earnings and those with no qualifications a 58% loss.

3 The Equality Act 2010 Replaced previous anti-discrimination laws with a single act To make the law simpler To remove inconsistencies Easier for people to understand and comply with Strengthened protection in some situations

Protected Characteristics Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation 4

5 Age Refers to a particular age or a range of ages “I’m dismissing you because you’re 65” “No applicant over 50 will be considered for this job”

6 Disability A physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to- day activities. Physical: eg arthritis, sciatica, diabetes, heart disease Mental: eg depression and anxiety, learning difficulties, autism, Asperger’s syndrome Long-term: 12 months, rest of life

7 Gender reassignment Person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person’s sex by changing physiological or other attributes of sex. Process does not need to be a medical procedure.

8 Race Includes: colour eg black or white Nationality eg British, Columbian or Slovakian Ethnic or national origins eg Roma or Irish traveller background

9 Religion or belief Includes: Any religion or philosophical belief Lack of religion or philosophical belief Religions covered include: Christianity Hinduism Islam Judaism Sikhism

10 Sexual orientation Outlaws discrimination in employment based on sexual orientation towards: people of the same sex opposite sex the same sex and the opposite sex

11 Direct discrimination A person directly discriminates against another person if ‘because of’ a protected characteristic’ they treat them less favourably than they treat or would treat others. Eg a woman was turned down for a job as a labourer on a construction site because the manager thought women were not physically strong enough for such work.

12 Health & Safety at Work Raising the standard of safety and health for all individuals at work and the public as far as ‘reasonably practicable’ Employer’s Duties: – Written statement of general policy prepared – Negligence proceedings can be taken against management – Providing training, information, instruction and supervision – Ensuring that all equipment is safe and risk associated with handling, storing and transportation of articles are minimised

13 Health & Safety at Work Employee’s Duties: – Take reasonable care of themselves and others – Co-operate with the employer – Not intentionally or recklessly interfere or misuse anything in relation to H&S – Carry out duties in accordance with training or instructions – Report any dangerous situations Health & Safety Executive: – Power to enter employer’s premises and carry out investigations and examine materials

14 Trade Union and Employment Rights Act 1993 Employees cannot be dismissed for: – Taking steps to protect themselves in circumstances of danger – Performing H&S responsibilities – Leaving a dangerous part of a workplace – Bringing a H&S concern to employer’s attention – Performing functions as a H&S representative

15 Employment Protection Employment Relations Act 1999 – one year = no unfair dismissal – Parental leave (adoption) – Remove limits on awards for unfair dismissal Reasons (which are unfair): – Membership of trade unions – Pregnancy (being able to do job) – Redundancy (without correct procedures) – As a result of transfer of business – Sunday Trading Act 1994

16 Employment Protection Reasons (which are fair): – Incapable of doing job – Unqualified – ‘Misconduct’ – minor or major – If unable to employ – eg lost driving licence – False details given – eg application form – Redundancy Redundancy – Job must have disappeared – Must consult with trade unions – Period of notice – Redundancy payment

17 Wage Act 1986 Wages are any sums paid to the worker in connection with the job: – Fees, bonuses, commission, sick pay, gift tokens, vouchers – Redundancy payments, expenses, loans are not included Deductions – NI, shown in contract, agreed in writing eg Trade Unions If an employer doesn’t pay – employee can complain to a tribunal

18 National Minimum Wage Act 1999 Why? – Prevent poverty – Reduce inequality between men and women – Greater equality and fairness should motivate employees, reduce staff turnover and improve productivity