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EQUALITY
AND DIVERSITY
The Employment Equality Regulations 2003 - key questions
What are the Employment Equality
Regulations 2003?
They are two sets of regulations: the Employment
Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion
or Belief) Regulations 2003 which outlaw discrimination in employment and vocational
training on the grounds of sexual orientation and religion or belief
respectively
What do they outlaw?
- Direct discrimination - treating people less
favourably than others on grounds of sexual orientation or religion or
belief;
- Indirect discrimination - applying a provision,
criterion or practice which disadvantages people of a particular
sexual orientation or religion or belief and which is not justified as a
proportionate means of achieving a legitimate aim;
- Harassment - unwanted conduct that violates
people's dignity or creates an intimidating, hostile, degrading, humiliating
or offensive environment;
- Victimisation - treating people less
favourably because of something they have done under or in connection with
the Regulations, e.g. made a formal complaint of discrimination or given
evidence in a tribunal case.
What grounds do they cover?
The Sexual Orientation Regulations
apply to discrimination on grounds of orientation towards persons of the same sex
(lesbians and gays), the opposite sex (heterosexuals) and the same and opposite sex
(bisexuals). They cover discrimination on grounds of perceived as well as actual sexual orientation (i.e. assuming - correctly
or incorrectly - that someone is lesbian, gay, heterosexual or bisexual). The
Regulations also cover association, i.e being discriminated against on
grounds of the sexual orientation of those with whom you associate (for example,
friends and/or family).
The Religion or Belief Regulations apply to discrimination on grounds of religion,
religious belief or similar philosophical belief.
They cover discrimination on grounds of perceived as well as actual religion or belief (i.e. assuming -
correctly or incorrectly - that someone has a particular religion or
belief). The Regulations also cover association, i.e. being discriminated
against on grounds of the religion or belief of those with whom you associate
(for example, friends and/or family)
What do they not cover?
The Sexual Orientation Regulations do not
cover discrimination other than discrimination on grounds of people's (actual
or perceived) sexual orientation.
The Religion or Belief Regulations do not protect against discrimination
on grounds of belief not akin to a religion or similar philosophical belief, e.g.
being a fanatical supporter of a particular football club, or being a supporter
of a particular political party because of strongly held political views.
What aspects of employment do the Regulations cover?
The Regulations apply throughout the employment
relationship - during the recruitment process, in the workplace, on dismissal
and, in certain circumstances, after the employment has finished.
What aspects of vocational training do the Regulations cover?
The Regulations apply throughout the vocational training relationship - during
the application process, in the place of training, and in certain circumstances
after the vocational training has finished.
Who do they cover?
The Regulations protect the rights of workers.
They apply to all employers/businesses whatever their size and whether in the
public or private sector (including the police). They apply to recruitment,
terms and conditions, pay, promotion, transfers and dismissals.
They protect office holders
appointed by the Government and other office holders where they fall within the
scope of the Directive (that is, if they are paid and are subject to some form
of
direction). This means that the regulations will cover clergy and judicial
offices, for example, including magistrates and Employment Tribunal members.
They do not cover people who hold elected office, or an office that is not akin
to a job e.g. an executor - appointed under a will.
The Regulations also outlaw discrimination on grounds of sexual orientation and
religion or belief by:
- Barristers in relation to an offer of pupilage
or tenancy;
- Advocates in relation to taking anyone as a
pupil;
- Partnerships within firms;
- Trade organisations;
- Qualifications bodies;
- Providers of vocational training;
- Institutions of further and higher education;
- Employment agencies.
Where do they apply?
The Regulations apply across Great Britain
(England, Scotland and Wales). Separate Regulations are being introduced in
Northern Ireland.
Where can I get more information?
Acas has produced practical workplace guidance on the new
Regulations. Guidance is available on the Acas website.
Acas operates a telephone helpline (tel: 08457 47 47 47, textphone: 08456 06 16
00) which provides information and advice across a wide range of employment
issues. It also runs an advice line for employers - Equality Direct: tel: 0845
600 3444, textphone 08456 06 16 00) offering good practice guidance on fairness
in the workplace.
Explanatory
notes for the Employment Equality (Sexual Orientation) Regulations 2003
and
Employment
Equality (Religion or Belief) Regulations 2003 
(169Kb)
If you want to read the text of the Regulations, click on the links
below:
Employment Equality (Sexual Orientation)
Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
When do they come into force?
The Sexual Orientation Regulations came into force on
1 December 2003.
The Religion or Belief Regulations came into force on 2 December 2003.
When can I make a complaint?
You can make a
complaint about discrimination, harassment or victimisation on the grounds of
sexual orientation from 1 December, and religion or belief from 2 December. In
most cases, a complaint must be made to the Employment Tribunal, though in cases
involving institutes of further and higher education proceedings must be brought
in the county or sheriff court. Once an alleged act of discrimination has taken
place, the time limit for bringing a claim in the Employment Tribunal is three
months; in the county or sheriff court it is six months. Tribunals and courts
can only extend those time limits in exceptional cases.
Why are the Regulations being introduced?
We are introducing rights in new areas because
unfair dismissal has such a damaging impact on people's lives. We welcomed the
European Commission's proposal to establish a common framework for protection
against discrimination and took an active role in negotiating the Employment
Directive. These Regulations fully meet the commitment, which we and other
member states made in 2000.
Legislation establishes basic requirements in law so that people can no
longer be denied jobs because of prejudice; so that harassment can be tackled
promptly and effectively; and so that people have an equal chance of training
and promotion, whatever their background.
There is evidence to show that the benefits for
business are considerable. Yet, there is still a good deal of misunderstanding
about equality. The fact is that tackling discrimination helps to attract,
motivate and retain staff. It helps employers make the best use of skills and
experience. It can lead to a more diverse workforce, new ideas and access to
wider markets. In short, fairness and productivity go hand in hand.
How do these regulations fit with other
equality legislation?
There is already existing legislation on other
areas of equality. Information on the importance of these pieces of legislation
can be found on the Acas Equality Direct website:
The Equal Pay Act 1970
The Sex Discrimination Act 1975
The Race Relations Act 1976
The Disability Discrimination Act 1995
The Race Relations Amendment Act 2000
The Government's approach has been to ensure that
requirements are consistent across equality legislation where practicable. That
will make it easier for everyone to understand and use the law. For example:
- The same definition of indirect discrimination
is used in the Sexual Orientation, Religion or Belief Regulations. (NB the
DDA uses a different concept - one of
"reasonable adjustment" rather than indirect discrimination).
- The same burden of proof across the strands -
once an Employment Tribunal or Court is satisfied from the facts that there
is a case to answer, the onus is on the employer to show that the difference
in treatment was justified.
- The same procedure for making complaints and
remedies. Where an employee thinks that they have been discriminated
against under the new Regulations, they can bring a case to an Employment
Tribunal. (In cases involving institutes of further and higher education
proceedings must be brought in the county or sheriff court.)
The Employment Equality Regulations are part of a
package of new and amended equality legislation. The Government is also
committed to:
How does my business prepare for the new
Regulations?
Acas has produced practical workplace guidance
which will help businesses understand their obligations and be able to offer
employers face to face help and support on equality issues..
How do I make a claim under the new
Regulations?
If
you want to take a complaint of discrimination or harassment under the
Regulations (when they come into force) you may wish to do so in the appropriate
tribunal by completing an Employment Tribunal Application form (IT1) available
from your local Jobcentre Plus office or local Citizens Advice Bureaux.
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