EQUALITY & DIVERSITY

Equality is not about treating all people in the same way. It’s about
recognising and respecting diversity enough to adapt practice and
procedure to suit all.
 EQUALITY ACT 2010
Will the Firms free to favour
female and black job
Equality Act
applicants... Mail online, 4
make December 2008

everyone
equal before Equality plans
the law? ‘class war’
The Times, 15 April 2010 claim... BBC News,
12 January 2009
 The Equality Act - Introduction
• Single largest piece of
anti-discrimination
legislation the UK has
known.
• Harmonises multiple
pieces of primary and
secondary legislation.
 The purpose of the legislation
“The purpose of the Bill and its accompanying package of
measures is to strengthen protection, advance equality and de-
clutter the law.”

We will...

1. Introduce a new Equality Duty on the public sector

2. End age discrimination
3. Require transparency
4. Extend the scope of ‘positive action’
5. Strengthen reinforcement
Protected Characteristics under the Equality
Act 2010
• Age • Race
• Disability • Religion and/or belief
• Gender reassignment • Sex
• Marriage and civil • Sexual orientation
partnership
• Pregnancy & maternity
 Discrimination
There are different types of discrimination:

• Direct Discrimination
• Indirect Discrimination
• Associative Discrimination
• Perceptive Discrimination
• Harassment (Third Party)
• Victimisation
• Disability Discrimination
 Direct Discrimination
What it is...

“Person A directly discriminates against Person B

when A treats B less favourably than A would
treats or would treat others in the same
circumstances”
 Example of Direct Discrimination
“A 70 year old lady was refused a broadband contract
by Carphone Warehouse in the UK and was told that
she could only register if she came to the store with a
younger member of her family. The Carphone
Warehouse had provided guidance to staff not to sell
broadband contracts to customers aged 70+ as they
believe they will not understand the terms of the
contract.”

Source: www.equineteurope.org
 Indirect Discrimination
What it is...

“This happens when a requirement is applied

equally to everyone but has the effect of
excluding one group of people more than
another”
Example of Indirect Discrimination
Your employer brings in a new shift pattern which means
that everyone has to work fewer but longer days. You have a
disability that means you’re exhausted after two long days of
working. So the new shift pattern puts you and other people
who have the same disability as you at a disadvantage. Your
employer will have indirectly discriminated against you if it
can’t justify the new shift pattern.

Source: www.equalities.gov.uk
 Associative Discrimination
What it is...

“Less favourable treatment because of someone

else’s protected characteristic.”
 Example of Associative Discrimination
Coleman v Attridge Law 2008

Sharon Coleman claimed managers at Attridge Law called her

‘lazy’ when she requested time off to care for her disabled son.
She accepted voluntary redundancy, but later brought a claim for
constructive dismissal and disability discrimination. A UK
employment tribunal referred the case to the European Court of
Justice to clarify European law. The ECJ ruled that able-bodied
people can be covered by the Disability Discrimination Act
because of their association with people covered by equality law.

Source: www.personneltoday.com/articles/2008
 Perceptive Discrimination
What it is...

“Discrimination against an individual because of

a perception that he or she has a protected
characteristic when he or she does not, in fact,
have that protected characteristic.”

(other than marriage and civil partnership, and pregnancy and

maternity)
 Example of Perceptive Discrimination
Example 1

“An employer rejects a job application submitted by a white man whom the
employer wrongly assumes to be black because he has an African name.”

Example 2

“An employee is subjected to religious

abuse on the basis that he supports a
particular football team, even though he
does not actually belong to the religion
associated with that football team.”

Source: www.mcgrigors.com
 Harassment and
Third Party Harassment
What it is...

“Unwanted conduct related to a relevant

protected characteristic.”

In addition, employers can be legally liable

for the harassing conduct of third parties. A
third party would include a client,
customer, supplier, visitor, contractor,
service user etc.

Three strikes and you’re out!

 Example of Third Party Harassment

“The employee or job applicant is harassed by a

third party on more than two occasions (not
necessarily by the same person). The employer
knows that it has happened but fails to take
steps that are reasonable in the circumstances to
prevent such harassment happening to that
person again.”

Source: www.equalities.gov.uk
 Victimisation
What it is...

This happens when an individual is singled out

because they have used the system to make a
complaint or challenge treatment received.
 Example of Victimisation
“If you are lesbian and your fellow colleagues started
passing unwelcome comments about your sexuality
and you complained to your manager, but rather than
doing something about the problem you are sacked for
no reason or for no good reason and you believe that it
is because of the complaint you raised, you may claim
compensation for being victimised for making a
complaint about sexual orientation discrimination.”

Source: www.balindaandcoemploymentsolicitors.co.uk
 Disability Discrimination
What it is...

Person A discriminates a disabled Person B if A treats B unfavourably

because of something arising in consequence of B’s disability.

Types of claims:

• “Because of”
• Detriment arising from the disability
• Reasonable adjustments by employer
• Indirect discrimination
 Example of Disability Discrimination
“Amir is a 12-year-old student with autism and sensory
difficulties. One day he becomes very anxious when the fire
alarm goes off in school. He stands with his hands covering
his ears and is unable to move. The teacher tells Amir to
leave the building but the pupil is frozen to the spot. The
teacher shouts at Amir and the situation escalates to a point
where the pupil lashes out at the teacher. Amir is excluded
from school for two days for assaulting the teacher.”

Source: www.westsussex.gov.uk
 Assumptions
• WHAT assumptions do we make about people?
• WHY do we come to the conclusions we do?
• WHEN do we tend to make these assumptions?
• WHERE can this cause us difficulties?
• HOW can we stop ourselves doing this?
• WHO does it and who does it affect?
 Further information
The Government Equalities Office (GEO)
http://www.equalities.gov.uk/

CIPD - Equal opportunities in employment

http://www.cipd.co.uk/about/jobs/eqop.htm