1. Nationwide Group Staff Union
Discrimination
Nationwide Group Staff Union

2. Agenda Discrimination in the Workplace Equality Act 2010
Direct & Indirect Discrimination
Burden of Proof
Harassment & Victimisation
Disability Discrimination
Northern Ireland
Equality at NGSU/Nationwide

3. Discrimination in Workplace
Protection against discrimination exists in law
Unjust treatment at work maybe unfair but might not be discrimination
Different rights and remedies apply – so its important to understand the difference

4. Equality Act 2010
Protects people from discrimination because of a ‘protected characteristic’
Age
Disability
Gender Reassignment
Married or Civil Partner status
Pregnancy or Maternity
Race
Religion or Belief
Sex
Sexual Orientation

5. Equality Act 2010
The Equality Act 2010 harmonised all discrimination law into one piece of legislation (but not in Northern Ireland)
Equal Pay Act 1970
Sex Discrimination Act 1975
Race Relations Act 1976
Disability Discrimination Act 1995
Religion or Belief Regulations 2003
Sexual Orientation Regulations 2003
Age Regulations 2006
The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 – public authorities

6. Direct Discrimination
A person must not be treated less favourably than someone else in a similar situation because of one of the protected characteristics
A woman is paid less than a man for doing the same job
A black worker is denied promotion although they have the same skills and experience as a white worker

7. Direct Discrimination
Protection also exists where less favourable treatment is applied because
A person has an association with someone who has a protected characteristic e.g. a person with a disabled child is treated less favourably than other workers in respect of flexible working opportunities
A person is wrongly perceived to have a protected characteristic and suffers a detriment because of that characteristic

8. Direct Discrimination
If Direct Discrimination is found an employer has no defence and cannot justify their actions – except…
Age – where the discrimination is objectively justified
Obeying another law – where activity is legally restricted
Occupational requirements – where a protected characteristic is central to a role
National Security – where the discrimination is proportionate
Other exceptions which are objectively justified and proportionate (representing a religion)

9. Direct Discrimination
Workers who are pregnant or on maternity leave are protected from unfavourable treatment
cannot be denied recruitment or promotion opportunities
suffer a detriment because of a pregnancy related absence
are entitled to pay rises while on mat leave
No comparator with a non-pregnant person is required
An employer has no defence

10. Indirect Discrimination
Arises where a provision, criterion or practice (PCP) disadvantages people who share a particular protected characteristic
A shift pattern may disadvantage women as they are more likely to have primary care responsibilities for young children
A requirement to have held a driving licence for 10 years may discriminate against young people

11. Indirect Discrimination
Indirect discrimination can apply to all protected characteristics except pregnancy and maternity
An employer can offer a defence if the PCP is shown to be of proportionate means of achieving a legitimate aim

12. Burden of Proof
The obligation of proving a disputed charge or allegation in a court or tribunal
The Equality Act 2010 contains provisions on the application of the burden of proof
where an applicant proves facts from which the tribunal could conclude that the respondent had committed a discriminatory act, the tribunal shall uphold the complaint unless the respondent provides an adequate non-discriminatory explanation for the treatment

13. Harassment Protection exists under the Equality Act 2010
‘Harassment’ is conduct related to a protected characteristic that has the purpose or effect of violating a person’s dignity or creating a hostile or offensive environment for them

14. Harassment
It is not necessary for a victim to have the protected characteristic to bring a claim
A man who is not gay but is perceived to be and is the subject of homophobic ‘jokes’ could claim harassment related to sexual orientation
It is not necessary to be a specific target of harassment to bring a claim
A woman in a male dominated environment who has to listen to derogatory comments about women, even if not about or directed at her, could claim harassment

15. Victimisation
Victimisation occurs when a worker is treated badly by their employer because they have made or supported a complaint raised under the Equality Act
exclusion from normal activity
providing a poor reference
covers Trade Union Reps

16. Disability Discrimination
The Act places a duty on employers to make reasonable adjustments to premises, job tasks, equipment to remove anything that places a disabled person at a substantial disadvantage

17. Disability Discrimination
The duty only applies to people who can show they meet the definition of disability under the Equality Act
It does not apply if an employer did not know, or could not reasonably know, the person was disabled

18. Disability Discrimination
Definition of Disability
A person is considered disabled under the Equality Act if they have a physical or mental impairment that substantially affects their ability to do normal day-to-day activities over the long term
Normal activities – mobility; physical coordination; concentration; perception of risk
Long term – has lasted or is likely to last for at least 12 months or the rest of their life
Progressive conditions that don’t have a current substantive adverse effect but will overtime
Cancer; HIV infection and multiple sclerosis are considered disabilities

19. Disability Discrimination
Reasonable Adjustments – what is reasonable?
not defined but cost; practicality; size and nature of organisation will have a bearing
Adjustments can be physical changes to premises or provision of equipment but can also including allowing more time to complete tasks; flexible working or transferring work to others

20. Disability Discrimination
Pre-employment health questions
Employers are banned from asking questions about a candidate’s health before a job offer is made
They can ask if a reasonable adjustment needs to be made to the application/interview process; if a candidate will be able to carry out an essential task; if they are disabled as part of equality monitoring

21. Northern Ireland
Has own legislation that mirrors the pre-Equality Act regulation
The Equality Commission of Northern Ireland
an independent public body established under the Northern Ireland Act 1998
private sector employers with more than 10 employees are required to register 
employers are required to monitor and review the religious composition of the workforce

22. Northern Ireland Legislation: Equal Pay Act (Northern Ireland) 1970
Disability Discrimination Act 1995
Northern Ireland Act 1998
Civil Partnership Act 2004
Sex Discrimination (Northern Ireland) Order 1976 (SI 1976/1042) (NI 15)
Race Relations (Northern Ireland) Order 1997 (SI 1997/869) (NI 6)
Fair Employment and Treatment (Northern Ireland) Order 1998 (SI 1998/3162) (NI 21)
Equality (Disability, etc) (Northern Ireland) Order 2000 (SI 2000/1110) (NI 2)
Employment Equality (Sexual Orientation) Regulations (Northern Ireland) 2003 (SR
2003/497)
Employment (Northern Ireland) Order 2003 (SI 2003/2902) (NI 15)
Equal Pay (Questions and Replies) Order (Northern Ireland) 2004 (SR 2004/322)
Fair Employment (Specification of Public Authorities) Order (Northern Ireland) 2004 (SR 2004/494)
Employment (Northern Ireland) Order (Dispute Resolution) Regulations 2004 (SR 2004/521)
Employment Equality (Sex Discrimination) Regulations (Northern Ireland) 2005 (SR 2005/426)
Employment Equality (Age) Regulations (Northern Ireland) 2006 (SR 2006/261)
Disability Discrimination (Northern Ireland) Order 2006 (SI 2006/312) (NI 1)
Employment Equality (Repeal of Retirement Age Provisions) Regulations (Northern Ireland) 2011 (SR2011/168

23. Equality at NGSU NGSU policy statement: National Equality Officer
The Union will include the promotion of equality through collective bargaining, organisation, union structures, the employment of staff, education, the provision of services and benefits and all other activities
National Equality Officer
Is a specific position on the National Executive Committee. Rebecca Mckenzie is the elected Equality Officer for the 2014/2015

24. Equality at Nationwide
Diversity and Inclusion Team in HR is responsible for the equality strategy
NGSU is represented on strategic and implementation committees
Engagement with staff via Employee Networks
Current focus on Disability and Ethnicity
Black Workers History Month (Oct 2014)

25. Useful Information Equality and Human Rights Commission
Equality Commission (NI)
Nationwide Policies
Diversity & Inclusion Policy
Wellbeing Policy (Disability Leave)
Disability and Reasonable Adjustment Guide
Harassment & Bullying Policy