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The Six Strands Of Diversity
 

The Six Strands Of Diversity

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    The Six Strands Of Diversity The Six Strands Of Diversity Presentation Transcript

    • The six strands of diversity
    • Age Covered by the Employment Equality (Age) Regulations 2003
    • Age legislation
      • In operation from 1st October 2006
      • The law provides protection against age discrimination in employment and education, for people of all ages
      • The new law will not cover discrimination in goods and services
    • Disability Covered by: The Disability Discrimination Act 1995 and 2005
    • Disability
      • A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities. ”
              • Disability Discrimination Act 1995
    • Disability legislation
      • The DDA 1995 –
        • outlawed discrimination in employment and services
      • Created reasonable adjustments
      • The DDA 2005 –
        • created a new duty to promote disability equality for the public sector
    • Lewis – v – Denny (2006)
      • Mrs Lewis has what she describes as "a deformed left hand"
      • She alleged that while at work on 20 May 2005 the respondent's managing director, Mr Denny, called her a "stupid flid" and a "spaz". She resigned later that day.
      • The respondent admitted that the word "flid" had been used in Mrs Lewis's presence and hearing, but denied that the abuse was directed towards her. The respondent denied using the word "spaz".
      • The respondent apologised to Mrs Lewis and asked her to reconsider her resignation, but she refused.
      • The tribunal found that, although his remark was not, in fact, directed at her, Mrs Lewis was genuinely upset when she overheard Mr Denny use the word "flid" after a difficult telephone conversation.
      • Concluded that the respondent's behaviour constituted disability-related harassment.
      • Mrs Lewis failed to establish that she had been constructively dismissed. Although the tribunal had found that the harassment amounted to a breach of contract.
      • It was an isolated incident, for which the respondent had immediately apologised.
    • Gender
      • Covered by the
      • Sex Discrimination Act 1975
    • Gender legislation
      • Equal Pay Act 1970
      • Sex Discrimination Act 1975
        • Outlawed discrimination in education, employment and in the provision of services, goods and facilities
        • It also prohibits discrimination in employment against married people
      • Gender Equality Duty 2007
        • created a duty to promote gender equality for the public sector
    • Gender legislation
      • Gender Recognition Act 2005
      • The purpose of the Gender Recognition Act is to provide trans people with legal recognition in their acquired gender
    • CASE: A –v- Chief Constable of West Yorkshire Police (2004)
      • Refused to appoint a male to female post-operative trans person on the grounds of gender reassignment
      • Police and Criminal Evidence Act (PACE) requires suspects to be searched by persons of same gender
      • Claimed GOR
      • Decision: Disproportionate response.
      • Found in favour of claimant at House of Lords
    • Race
      • Covered by the
      • Race Relations Act 1976
    • Race legislation
      • Race Relations Act
        • Outlawed discrimination in education, employment and in the provision of services, goods and facilities based on race, colour, nationality (including citizenship), or ethnic or national origin
      • Race Relations (Amendment) Act 2000
        • created a duty to promote race equality for the public sector
    • Religion and belief Covered by the Employment Equality (Religion or Belief) Regulations 2003 And The Equality Act 2006
    • Religion or Belief legislation
      • The 2003 Regulations ensured that direct and indirect discrimination; victimisation and harassment on the grounds of religion or belief are outlawed in all aspects of employment
      • The Equality Act 2006 included protection in the provision of goods, facilities and services
    • Case: M. Khan –v- NIC Hygiene (2005)
      • MK understood that he could take all of his 25 days plus a week unpaid leave for his Hajj pilgrimage.
      • Written leave request submitted, Manager said no response meant yes.
      • NIC Hygiene said it was unauthorised leave
      • Found: Unfairly dismissed
      • £20,000 compensation
    • Case: Williams-Drabble v Pathway Care Solutions Ltd (2005)
      • Mrs Williams-Drabble worked as a social worker in a residential home. She was a committed Christian and had explained on appointment that she was not prepared to work on Sundays.
      • Some years later a new shift rota system was introduced that required all staff to work a share of Sundays.
      • Mrs Williams-Drabble resigned and claimed that this amounted to indirect religious discrimination.
      • The company was unable to show that the change amounted to a 'proportionate means of achieving a legitimate aim'.
      • Mrs Williams-Drabble won her case and £4000 compensation for injury to feelings .
    • Sexual Orientation
      • Covered by the
      • Employment Equality (Sexual Orientation) Regulations 2003
      • And
      • The Equality Act 2006
    • Sexual Orientation legislation
      • The 2003 Regulations ensured that direct and indirect discrimination; victimisation and harassment on the grounds of sexual orientation are outlawed in all aspects of employment
      • The Equality Act 2006 included protection in the provision of goods, facilities and services
    • Case: R. Whitfield –v- Cleanaway (2004)
      • Homophobic abuse including the nickname Sebastian
      • Abuse from Senior staff also
      • Sued for breach of contract, unfair constructive dismissal, harassment and discrimination
      • Awarded £35,000
    • Mann -v- BH Publishing Limited and Tim Henderson (2006)
      • Mr Mann was open with colleagues about being gay. Tim Henderson was his manager.
      • From the outset, Tim Henderson, known for his mimicry skills, mimicked Mr Mann's accent. Mr Mann initially "went along" with this but after two days' he asked Mr Henderson to desist
      • During an after-work drink at the pub, other colleagues teased and taunted Mr Mann
      • At work, other suggestive behaviour occurred
      • Complaints to Mr Henderson went unheeded and Mr Mann did not return to work after two weeks.
    • Findings
      • Upheld: claims of discrimination and harassment. The mimicry and other allegations, including those relating to the after-work drink in the pub, which was found to be during the course of employment.
      • The tribunal awarded Mr Mann £20,300 plus interest, apportioning 80% to the company and 20% to Tim Henderson.
      • The award included more than £3,000 aggravated damages in respect of the intimidatory, combative and offensive way in which the company’s chief executive officer, Mr Harrington, had conducted correspondence relating to the claim.
    • Flexible Working
      • Parents of children under 6 or 18 if disabled now have right to request flexible working
      • Increased maternity (or adoption) leave from 26 to 52 weeks
      • Paternity leave for 2 weeks for partner of mother or adopter.
    • 2006 Work and Families Act
      • Rights for Carers
      • right to take time off to care for dependents in an emergency
      • Partner, child , parent or someone living with you as part of your family
      • As long as it takes to deal with the immediate emergency
      • No right to be paid
      • Advice on best practice
      • Training for managers and supervisors
      • Board programmes
      • Creation of an Equal Opportunities policy specifically suited to your organisation
      • To contact us ring 0207 272 3400
      How can Challenge Consultancy help?