Discrimination in the workplace - changes are on the way

Discrimination has once again been in the headlines with Equalities Minister Harriet Harman announcing that she is backing discrimination in the workplace if it favours female job applicants or those from ethnic minority groups.

Liz Whitehead, our employment expert explains,  “In essence, the Minister is saying that employers should be able to choose a woman over a man if both are of equal ability and vice versa.

“However, the plans unveiled in a new Equalities Bill, go much further than job applicants.  For example, public sector organisations will be forced to disclose the gender pay gaps in their organisations.

“The proposed legislation, which is due later this year, will also ban all age discrimination.

“The government intends to  bring together all previous discrimination law into a single piece of legislation which Ms Harman is convinced will cut the burden of red tape on companies.  There are currently 116 pieces of equality legislation in force including 35 acts, 52 statutory instruments, 13 codes of practice and 16 EU Commission Directives.”

A couple of examples where ‘positive action’ (as ‘positive discrimination’ is now called) could play a role are: allowing the police to employ female or ethnic minority officers in situations where that would better reflect the communities they serve.

Also, if a headmistress wanted to employ a male teacher to balance an all female team, that too would be acceptable.

Although age discrimination in the workplace has been outlawed since 2006, the new rules are intended to tackle more widespread age related discrimination.

For example, age can no longer be a factor where doctors are considering granting NHS treatment.  Also, age discrimination will be outlawed in the provision of goods and services, though holidays aimed at certain groups will not be affected.

The Act is also intended to close the gender pay gap. For every pound a man earns a woman still earns just 87 pence and female part-time workers can earn as much as 40 per cent less than their full-time male counterparts.

Employment clauses that ban workers from disclosing their earnings will also be banned.

For further information contact Liz Whitehead.

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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