Employment

The Equal Pay Act 1970 (EPA) gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing the same:

 

 

An equality clause should be placed in a woman’s employment contract so that their contractual conditions are no less favourable than those a man who is engaged on like work or on work rated as equivalent.  Eastbourne Homes will not be required to provide the same pay and benefits only if they can prove that the difference in pay or benefits is genuinely due to a reason other than one related to sex.

 

This makes changes to maternity, paternity and adoption rights in the Employment Rights Act 1996. From April 2003 this Act introduces a new right for employees to request flexible working. The details of that right are set out in the Flexible Working Regulations 2002 (under the conditions laid out in SI 2002/3236 and SI 2002/3207). It is a wide ranging package, covering work and parents, dispute resolution in the workplace, improvements to employment tribunal procedures, provisions to implement the Fixed Term Work Directive, a new right to time off work for union representatives, and some data sharing provisions.

 

Bans direct and indirect age discrimination in recruitment, promotion and training in the workplace and unfair dismissal and statutory redundancy rights extended to those 65 and over (unless they have reached the employer’s retirement age of 65 or over).  Employer’s duties include considering an employee’s request to continue working beyond retirement and giving written notice to employees at least 6 months in advance of their intended retirement date.

 

The Act aims to eliminate discrimination helping everyone to have an equal opportunity to work and to develop their skills.  The following is a summary of the key provisions of who is covered by the law under the regulations.

 

 

Employers are exempt only if they can prove their decision was objectively justify, such as reaching an employers or company’s retirement age of 65, and not cases of direct or indirect discrimination.  Examples of direct discrimination would include not to employ or dismiss someone because of their age and not to give giving an employee training because of their age.

 

Indirect discrimination means that although arrangements, for example training, are applied to all employees, they have the effect of disadvantaging people of a particular age.

 

From 1 December 2003, these regulations prohibit discrimination on the grounds of sexual orientation or religion and belief in the employment field. The regulations were amended before they came into force by the Employment Equality (Sexual Orientation) (Amendment) Regulations 2003, which extended the scope of the regulations to cover discrimination in occupational pension schemes.  The Regulations introduce rights to protect employees from prejudice, discrimination and harassment in the workplace.

 

Direct discrimination occurs by treating people less favourably than others on grounds of their sexual orientation, religion or belief and indirect discrimination occurs by applying a provision, criterion or practice which disadvantages people of a particular sexual orientation, religion or belief which is not justified as a proportionate means of achieving a legitimate aim.

Harassment relates to unwanted conduct that violates people’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.  Victimisation is 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.

 

Employers must protect employees against bullying or harassment suffered in the workplace because of their religion or belief.  The Regulations also outlaw discrimination by trade associations (including trade unions), employment agencies, providers of vocational training, and institutions of further and higher education.

 

This Act aims to support both employers and working families by providing a framework of rights and responsibilities for both employer and employee.  The Work and Families Act will deliver commitments outlined in the Ten Year Childcare Strategy as set out in the Government Response to the consultation Work and Families: Choice and Flexibility.    

 

 

These Regulations have extended the SDA 1975 to make it unlawful to discriminate on grounds of gender reassignment, but only in the areas of employment and vocational training. The Regulations do not apply to discrimination in education or in the provision of housing, goods, facilities and services.  In employment and vocational training, the SDA protects individuals who are discriminated against because they:

 

 

Anyone who is treated less favourably by an employer or vocational training body on any of these grounds compared with someone for whom no gender reassignment grounds exist will have a claim under the SDA.

All the above Acts relate to Employment in Eastbourne Homes.  It is our responsibility to ensure we are compliant with the above legislation from recruitment right through to retirement, redundancy or dismissal.

 

Our Employment functions and actions are set out in our Race, Disability and Gender Equality Schemes.  In addition EHL has a Service Level Agreement (SLA) which sets out the functions Eastbourne Borough Council (EBC) will undertake on our behalf.  This includes;