Proposed changes to the Sex Discrimination Act ("SDA") 1975 and the Equal Pay Act ("EPA") 1970 under the amended Equal Treatment Directive (2002/73/EC) will be implemented on 1 October 2005. To ensure that your company's policies comply with these proposed reforms please contact us at enquiries@rtcoopers.com.
The proposed changes to the law will be applicable to all employers and providers of vocational training:
As of 1 October 2005, there will be a new definition of indirect sex discrimination in employment matters and vocational training. Indirect sex discrimination will occur when an apparently neutral provision, criterion or practice that applies to all workers or applicants causes particular disadvantage to certain sections of women or men. To avoid or succeed against a complaint of indirect sex discrimination, an employer will have to justify that a provision, criterion, practice or policy that it employs, and which causes such disadvantage, meets a business aim and is an appropriate means of meeting this aim.
For the first time, there will be a cause of action under the SDA for harassment on the grounds of the complainant's sex. The new provision will apply to the areas of employment and vocational training only. New explicit provisions will be included to ensure that women are protected from discrimination on the grounds of pregnancy.
The geographical coverage in the SDA and EPA have been extended, so they now cover employees who work for British organisations outside Great Britain (GB) in relation to recruitment, terms and conditions, pay, promotion, transfers and dismissals.
An employer will have the right to refuse to offer a particular job to someone who was intending to undergo, was undergoing or had undergone gender reassignment. However, such a refusal must now be reasonable. The SDA protection will be extended to cover vocational guidance and unpaid practical work experience.
The SDA will be amended to prescribe an eight-week time limit for the employer or training organisation, for example, to return the questionnaire in cases of discrimination or harassment in employment and vocational training. The proposed changes to the law applicable to certain employers, certain providers of vocational training and those who appoint office holders:
An exception in the SDA, which permitted partnerships and trade unions to discriminate on grounds of sex in the provision of death and retirement benefits to their partners and members respectively, will be removed. There will now be further protection against discrimination for office holders.
Ministers of religion will now be protected by the SDA, not only where they are employees, but also where they are office holders. If you require further information contact us.
Email: enquiries@rtcoopers.com
? RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specialises in employment law including advising employers and employees on redundancies, dismissals, discrimination, grievance and disciplinary procedures, suspensions and breach of contract claim. The firm represents clients before the employment tribunal.
Contact us at enquiries@rtcoopers.com. visit our website at enquiries@rtcoopers.com
Mercedes Benz s500 rentals Salem ..For the business community 9-11 changed everything. In our company,... Read More
Corporate America has been shaken recently by lawsuits and criminal... Read More
We need more oversight and transparency in government. We need... Read More
Do you really want to get ahead in your life?... Read More
I hope to provide a starting point for the serious... Read More
This is the beginning of the end for the man... Read More
The United States and other first world nations have been... Read More
All to often law makers and regulators create rules and... Read More
Heaven, Hell, or some sort of Purgatory.I cannot seem to... Read More
As the Baby Boomer Generation continue to get older, one... Read More
The second amendment to the U.S. Constitution guarantees every American... Read More
The 'Land of the Free' is teaming with individual rights... Read More
As baby boomers, we have been spoiled all of our... Read More
The United States has never done a full study on... Read More
The CBR taxes the Pakistani source income of nonresident individuals... Read More
A War on Terrorism? Conventional war being brought on an... Read More
OH MAN!Here we go again. I guess now the "proof... Read More
Predicting the future is a tricky business. There have been... Read More
As a result of the conflict analysis exercise and a... Read More
The current political efforts aimed at improving the American public... Read More
Many Americans feel betrayed by their government, our government. I... Read More
The clause (c) of Electronic Crime Act 2004 has been... Read More
Incompetence is all too obvious at the trade shows of... Read More
This is the second of a series of four articles... Read More
Washington DC council member David Catania actually suggested that the... Read More
Dowagiac cheap limo service ..The debate to raise minimum wage in California is totally... Read More
Having redundancies and today's technologies in transportation we have protected... Read More
We are having a problem in America with Public Notaries,... Read More
Capitalism as the social structure was founded in order to... Read More
As the populations expand in Colorado outside of Denver, Las... Read More
Recently the Los Angeles Transit workers are on Strike and... Read More
If slavery has not worked well, then cloning if it... Read More
If recent speeches by US officials on Iran's plans to... Read More
I've been thinking again. I know some of my readers... Read More
Political strategists, branding gurus and image consultants could learn a... Read More
In typical bureaucratese, the pensive EBRD analyst ventures with the... Read More
Heaven, Hell, or some sort of Purgatory.I cannot seem to... Read More
The man on the tape raised his hand, pointing a... Read More
It cities across America water is an issue, the flow... Read More
The great leader and Senator from New York and wife... Read More
Those who are above the law or act as such... Read More
Legislation is getting legs to further curtail your use of... Read More
The resignation from cabinet yesterday, Sunday, by the Israeli minister... Read More
In Police Magazine I read a great article about transient... Read More
The use of religion is well-documented as a social engineering... Read More
The blogosphere has been jumping around the story like crazy... Read More
Often we see protests at the sites of global leader... Read More
Tulipmania - this is the name coined for the first... Read More
J. Edgar Hoover and LBJ used to enjoy watching Hoover's... Read More
Why President Bush should have his second term? The arguments... Read More
Political |