New anti-discrimination legislation takes effect

Regulations protecting workers from discrimination and harassment at work on grounds of sexual orientation and religion or belief came into force in the UK in December 2003. The legislation is intended to implement key elements of the 2000 EU equal treatment Directive.

TheEmployment Equality (Sexual Orientation) Regulations 2003 and theEmployment Equality (Religion and Belief) Regulations 2003 came into force on 1 and 2 December 2003 respectively. The two sets of Regulations outlaw direct and indirect discrimination against, and harassment and victimisation of, people in employment and vocational training because of their sexual orientation, religion or belief.

The Regulations are intended to implement key elements of the EU Directive (2000/78/EC) establishing a general framework for equal treatment in employment and occupation, adopted in November 2000 (EU0102295F), which outlaws discrimination on grounds of sexual orientation, religion or belief, disability and age in employment and vocational training. In order to comply with the disability and age strands of the Directive, amendments to theDisability Discrimination Act 1995 (TN0102201S) will come into force in October 2004 and new legislation will outlaw discrimination on the grounds of age by October 2006.

The Regulations apply to all employers in Great Britain (England, Scotland and Wales). Legislation outlawing discrimination on grounds of religion or belief already exists in Northern Ireland (UK0308106T), and separate legislation on sexual orientation is being introduced in Northern Ireland. TheAdvisory, Conciliation and Arbitration Service has produced good practice guidance on implementing the Regulations onsexual orientation andreligion/belief.

Commenting on the new legislation, Jaqui Smith, deputy minister for women and equality, said in a statement:'We have long had laws to prevent discrimination in the workplace against women and on grounds of race. These new measures bring about much wider equality.'

She added:'Unfair discrimination in employment must not be tolerated. People should not be denied jobs, [or] suffer victimisation or harassment, because of prejudice. It is also damaging for business as they deny themselves access to the widest pool of talent. A diverse workforce brings benefits such as increased motivation, lower turnover of staff and access to wider markets.'

Although theTrades Union Congress (TUC) generally welcomes the new rights, it announced in September 2003 that it is coordinating a legal challenge in theHigh Court to two aspects the sexual orientation Regulations, arguing that they do not fully comply with the EU equal treatment Directive. A number of TUC-affiliated unions are challenging Regulation 25 on the grounds that allowing pension schemes to continue to discriminate in favour of married people (Regulation 25) amounts to indirect discrimination against gay people, and Regulation 7(3) because it allows religious organisations to discriminate against gay people. An initial hearing is expected early in 2004.

TUC general secretary Brendan Barber commented:'These rights are a massive leap towards fairness for lesbian, gay and bisexual employees but we want them to go all the way. It’s a shame to have to go to court to achieve this but we have worked hard for these new rights and we want them to be solid.'

Earlier in 2003, the UK government produceddraft Regulations amending the Disability Discrimination Act. The government also recently undertook apublic consultation exercise concerning proposals for age discrimination legislation, and is expected to produce draft Regulations by the middle of 2004.