Legal and Ethical Responsibilities.

Legal and Ethical Responsibilities.

Direct Discrimination :- something like putting in the job

advertisement “women need not apply”.

Indirect Discrimination :- saying there’s a height limit such as a

6’4”. This will limit who can apply for the job.

Sex Discrimination Act 1975

The Sex Discrimination Act 1975 makes sex discrimination unlawful in

employment, vocational training, education, the provision and sale of

goods, facilities and services and premises.

In employment and vocational training, it is also unlawful to

discriminate against someone on the grounds that a person is married

or, from December 2005, a civil partner, or on the grounds of gender

reassignment.

The Sex Discrimination Act prohibits direct and indirect

discrimination and victimisation.

Although not yet mentioned in the Act, case law has established that

harassment/sexual harassment and discrimination because a woman is

pregnant or on maternity leave are unlawful.

Equal Pay Act 1970

The Equal Pay Act 1970 makes it unlawful for employers to discriminate

between men and women where they are doing the same or similar work;

work rated as equivalent; or work which is of equal value though

different in nature. It covers both pay and other terms and

conditions such as output and bonus payments, holidays and sick

leave. European law has confirmed that the concept of equal pay

prevents discrimination in relation to redundancy payments, travel

concessions, employers’ pension contributions and occupational pension

benefits.

The Equal Pay Act applies to pay or benefits provided by the contract

of employment. The Sex Discrimination Act covers non-contractual

arrangements including benefits such as discretionary access to a

workplace nursery or travel concessions.

The Act does not give anyone the right to claim equal pay with a

person of the same sex. In other words, any comparison must be with a

person of the opposite sex.

Racial Discrimination

Race discrimination occurs when a person is treated less favourably on

the grounds of race, colour, and nationality, ethnic or national

origin. It is unlawful to discriminate against any worker on racial

grounds. The Race Relations Act 1976 makes it unlawful to discriminate

in:

· recruitment

· pay (including bonuses and shift premiums)

· other terms and conditions (e.g. holidays)

· ac...

... middle of paper ...

...use she works part-time and he

works full-time is unlikely to be a good defence to an equal pay

claim.

Parental Leave

You have the right to take 13 weeks’ leave in respect of every child

born after 15 December 1999. You must take the leave either before the

child reaches his fifth birthday or five years have elapsed following

his placement for adoption (or before his eighteenth birthday if

earlier) or, in the case of a disabled child, before the child’s

eighteenth birthday. Your employment continues during your leave. You

have the right to return to your old job if your leave period lasted 4

weeks or less. If you took longer leave and it is not possible for you

to return to your old job, you have the right to return to a similar

job which has the same or better status, terms and conditions as your

previous job. If you took parental leave immediately after an ordinary

maternity leave, you are entitled to return to your old job. If the

parental leave followed an additional maternity and it is not

reasonably possible for you then to return to your old job, you have

the right to return to a job with similar or better status, terms and

conditions as your old post.