Protection Provided to Employees in the Public Services - Essay Example

Evaluation of Protection Provided to Employees in the Public Services by Current Legislation Equality is a term revised for equal opportunities, which is based on the legal obligation to comply with anti-discrimination legislation. It protects the people from minority groups against discrimination based on sex, race, disability, sexual orientation, age, or religion or belief. Diversity on the other hand, is derived from a management term "managing diversity." This term is used to describe management practices wherein valuing the diversity of each individual employee to maximize quality output is its aim. It encompasses visible as well as non-visible individual differences (Sheard, A., 2007a). This paper discussed the protections provided to employees in the public services by current legislation. Equality Legislation Based on Sex Sex Discrimination Act, 1975 is applied to both men and women, which makes sex discrimination in employment, vocational training, education, the provision and sales goods, facilities and services as well as premises, unlawful. To clarify Great British law which is related to gender reassignment the Sex Discrimination (Gender Reassignment) regulations 1999 was enacted. It is a measure in order to prevent discrimination against transsexual people on the grounds of sex in pay and treatment in employment as well as vocational training. In April 2007, Gender Equality Duty came into force and it is the biggest change in sex equality legislation in thirty years, since Sex Discrimination Act was introduced. In recognition of the need for a radical new approach to equality it was introduced, which placed service providers the responsibility to think strategically about gender equality, rather than living it to the individuals to challenge poor practice. For Employers, Equal Pay Act 1970 makes it unlawful to discriminate between men and women in terms of their pay as well as conditions where they are doing similar work, work rated as equivalent, or work of equal value. It is applied to both men and women however it does not give everyone the right to claim equal pay with a person of the same sex. That is, in other words, any comparison must be with a person of the opposite sex. In 2003, the act was amended (Sheard, A., 2006d). Based on Race Race Relations Act, 1976, makes it unlawful to treat a person less favorable than the others on the grounds of race. This includes protection of people against racial discrimination the grounds of race, color, nationality (citizenship), as well as national or ethnic origin, in the fields of employment, education, training, housing, and the provision of goods, facilities as well as services. In order to eliminate institutional racism and prohibit racial discrimination in all public functions with only few exceptions and give a new statutory duty to promote race equality, Race Relations (Amendment) Act 2000 was enacted. Its aims are to provide fair and accessible services as well as improve equal opportunities in employment. The general duty of this Act is to eliminate unlawful racial discrimination, to promote equal opportunities as well as to promote good relations between people from different racial group; and under these duties, public authorities must prepare and publish a Race Equality Scheme which should explain how general as well as specific duties will be met. This should also include other duties into a coherent strategy and action plan. Moreover, specific duties should include published Race Equality Policy, assessment of the impact of its policies as well as its function upon people of different racial group, and employees should be trained based on race equality issues. In addition to that, the EC article 13 Race Directive was implemented by the Race Relations Act 1976 (Amendment) Regulations 2003 which enhances the Race Relations Act by amending the definition of indirect discrimination and changing the way in which the burden of proof applies and removing a lot of exceptions from the legislation. Therefore these changes had brought the Race Relations Act into line with the rest of UK anti- discrimination law to form part of a consistent legislative framework (Selwood G., 2005). Based on Disability In December 1996, Disability Discrimination Act, 1995, was enacted, which provides protection from discrimination for disabled people in terms of employment, accesses to goods, facilities, and services, management, buying, or renting of land or property as well as education. This implied that an employer must not treat a disabled person less favorably because of a reason relating to their disability without justifiable reason and the employer is required to make reasonable adjustments to working conditions or the workplace where that would help accommodate a particular disabled person. From October 1, 2006, part III of Disability Discrimination act 1995 and the new Disability Discrimination Act 2005, in terms of access to the employment and services provided, it states that it is unlawful to discriminate against disabled people. General duty to promote disability equality was placed on public authorities. They are required to regard the needs to promote equal opportunity between disabled people and others; discrimination should be eliminated, harassment of disabled people which is related to their disabilities should be eliminated; positive attitudes towards disabled people should be promoted; participation by disabled people in public life should be encouraged; steps to take account of disabled people's disability should be taken, even if that would involve treating disabled people more favorable than others. Based on Sexual Orientation On December 1, 2003, Employment Equality (Sexual Orientation) Regulations 2003 came and made it unlawful to discriminate workers on the grounds of sexual orientation towards person of the same sex (lesbians and gay men, opposite sex (heterosexuals), same and opposite sex (bisexuals). This prohibits discrimination on the grounds of perceived and actual sexual orientation and association with someone who is lesbian, gay, heterosexual or bisexual. For instance telling jokes and teasing the worker who is a gay or has a son who is also a gay. This instance may be harassment on grounds of sexual orientation (Sheard, A., 2006a). Based on Religion and Belief On December 2, 2003, Employment Equality (Religion and Belief) Regulations 2003 came into force which states that it is unlawful to discriminate against workers based on religion or similar belief. In all areas of employment which include recruitment, training, promotions, transfers as well as dismissals, these regulations may be applied. The only exception to this, as with other anti-discrimination legislation, is if for instance the discrimination was based on a genuine occupational requirement for the employee to be of a specific religion or belief, like for example in having a requirement that all teachers at a Christian School should be Christian and they should promote Christianity with students. If dispute arises, it is stipulated by the regulations that the Employment Tribunals as well as Higher Courts will have the authority to make a decision (Sheard, 2007b). Based on Age Effective from October 1, 2006, Employment Equality (Age) Regulations 2006 makes it illegal to discriminate against people on the grounds of age. This prohibits unjustified direct and indirect age discrimination, all harassment and victimization on grounds of age, of people of any age young, young as well as old; and it also include provisions for standard retirement age for employees which is normally at 65, although employers can make it later or earlier if they can justify this for good business reasons. A statutory right, for employees to request working beyond their retirement date, wherein employers will have the duty to consider as well as a new requirement for employers to give at least six months notice to employees about their rights on reaching the retirement age were also introduced (Sheard, 2006b). Other Related Legislations Under the Rehabilitation of Offenders Act 1974 if their convictions were spent, ex-offenders are given employment rights and anyone who has been convicted of a criminal offence and who is not convicted under further offence during rehabilitation period becomes a rehabilitated person. However there are some exceptions relating to work with children, sick, disabled people and administration of justice. Fixed-term Employees (prevention of Less Favorable Treatment) Regulations 2002 states that employees on fixed-term contracts are ensured that would be treated no less favorably than permanent employees and employees have the right to the same terms and conditions of employment compared to permanent employees. In Part-timeWorkers (preventionof Less Favorable Treatment) Regulations 2000 the right, not to be treatedless favorable compared to full time workers are given to part-time workers unless the difference in treatment is objectively justifiable. With the Employment Act 2002 the right, to request flexible working arrangement is given, to employees with children under the age of 6, or disabled children under 18. However, an employer does not have to accept the request; he must first seriously consider the request, a meeting should be held to discuss with the employee the request and put the reason for refusal in writing. Management of Health and Safety at Work Regulations 1999 requires that the employers have to carry out risk assessments. Specific obligations on employers should be present to assess risk at work, where there are women of childbearing age and working conditions or hours of work may be altered by the employers, suitable alternative work may be offered, or an expectant mother or newly mother may be suspended on full pay if necessary to avoid risk to her as well as her baby. The detailed rights to maternity and paternal leave, which is contained in Employment Act 1996, are included in Maternity Parental Leave etc. Regulations 1999. The circumstances in which a dismissal will be automatically unfair for the purpose of ERA if the dismissal is for a reason which is related to pregnancy, childbirth maternity leave, parental leave, or time off for dependants were prescribed. Anyone, who has or expects to have parental responsibility, for a child under the age of 5, or if a child, under 18 years old has disability, parental leave is available (Sheard, A., 2006c). References Selwood, G., 2005, Legislation-Race, University of Leeds, modified 19 June. Sheard, A., 2006a, Legislation-Sexual Orientation, University of Leeds, modified 6 October. Sheard, A., 2006b, Legislation-Age, University of Leeds, modified 25 October. Sheard, A., 2006c, Equality and Diversity Legislation, University of Leeds, modified 21 November. Sheard, A., 2006d, Legislation-Sex, University of Leeds, modified 22 November. Sheard, A., 2007a, University of Leeds, Disability Services, modified 7 March. Sheard, A., 2007b, Legislation-Religion and Belief, University of Leeds, modified 30 August. Read More