This section of the Guide covers the issue of equal opportunities in employment. It is unlawful for employers to discriminate against employees or job applicants on grounds of sex, race, age, religion, married or civil partner status, sexual orientation, gender reassignment or disability. This chapter explains how discrimination is defined ( Defining discrimination ). It then sets out the types of workers who are covered by the legislation ( Types of workers covered ), the types of discriminatory act that are unlawful ( Types of discriminatory act ) and the limited circumstances in which discrimination is permitted ( Exceptions to the principle of non-discrimination ).
This section also explains how employers are liable for discrimination by their employees ( Employer liability for discrimination ) and the ‘reasonably practicable steps’ defence ( Employer liability for discrimination ). The Codes of Practice issued by the three original equality Commissions have particular practical importance in this area.
Since October 2007, the Equality and Human Rights Commission has taken over responsibility for promoting equality and tackling discrimination in relation to sex, gender reassignment, disability, sexual orientation, religion or belief, age and race as well as promoting human rights. The new Commission will bring together the work and powers of the original Commissions.
If a company intends to provide equality of opportunity, it will aim to do more than merely avoid liability for unlawful discrimination. It will want to take positive steps to identify and remove unnecessary barriers to participation in employment opportunities, and promote equal participation by all. The discrimination legislation sets some limits, however, on the positive action that companies can take, and this chapter explains what these are ( Positive action ).
The law gives some, albeit limited, protection to ex-offenders from being discriminated against because of their criminal record. This chapter summarises the legislation on the rehabilitation of offenders ( People with criminal records ).
Discrimination in pay is covered elsewhere ( Discrimination in pay )as is discrimination in pensions ( Discrimination in pensions ). Other parts of the Guide deal with discrimination on trade union grounds ( Discrimination on trade union grounds ) and discrimination against part-time workers ( Discrimination issues ) and fixed-term employees ( fixed term contracts ).