Direct and indirect discrimination
will be covered by the legislation and the implications are massive, with no limit to the compensation that employees could be awarded at employment tribunal should their employer be deemed to have breached the legislation.
The year 2005 has been notable, with new laws on equality, including widened definitions of indirect discrimination
and sexual harassment which came into force on October 1 via the Employment Equality (Sex Discrimination) Regulations 2005.
The Tribunal found this amounted to indirect discrimination
as the employee's faith put her at a particular disadvantage.
The tribunal case hinged on whether the advert constituted a case of 'indirect discrimination
The UK's Equal Opportunities Commission in turn argued that this constitutes indirect discrimination
. "In the United Kingdom, as throughout the European Union, the length of service of female employees is generally lower than that of male employees and length of service, used as a criterion in determining pay, is a factor for continued discrepancies in pay between male and female workers".
Under the Sex Discrimination Act 1975 (SDA) there are two kinds of sex discrimination that are unlawful, the first is direct discrimination and the second is indirect discrimination
This includes direct and indirect discrimination
as well as sexual harassment.
is where you apply a term or condition which has a disproportionate effect on an individual from one of the groups which you must not discriminate against.
A council spokeswoman said, "The legal advice was clear, that to require the chief executive to be fluent in Welsh when taking up the post would constitute unlawful indirect discrimination
under the Race Relations Act of 1976."
This interpretation "cannot be relied on in order to support claims concerning indirect discrimination
arising prior to the date of judgment in this case as a result of a pay system based on seniority", except as regards those workers who have before that date brought legal proceedings or made an equivalent claim.
"The Trust also produces job advertisements without reference to age, making direct and indirect discrimination
unable to occur.
occurs if you impose a provision or work practice which members of one sex or racial group are less likely to be able to comply with, and which cannot be objectively justified.