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INSTITUTE OF LEADERSHIP & MANAGEMENT

SUPERSERIES

Commitment
to Equality
FOURTH EDITION

Published for the

Institute of Leadership & Management by
OXFORD AMSTERDAM BOSTON LONDON NEW YORK PARIS
SAN DIEGO SAN FRANCISCO SINGAPORE SYDNEY TOKYO
Pergamon Flexible Learning
An imprint of Elsevier Science
Linacre House, Jordan Hill, Oxford OX2 8DP
200 Wheeler Road, Burlington, MA 01803

First published 1986

Second edition 1991
Third edition 1997
Fourth edition 2003

Copyright © ILM 1986, 1991, 1997, 2003

All rights reserved.

No part of this publication may be reproduced in any material form (including

photocopying or storing in any medium by electronic means and whether
or not transiently or incidentally to some other use of this publication) without
the written permission of the copyright holder except in accordance with the
provisions of the Copyright, Designs and Patents Act 1988 or under the terms
of a licence issued by the Copyright Licensing Agency Ltd, 90 Tottenham Court
Road, London, England W1T 4LP. Applications for the copyright holder’s written
permission to reproduce any part of this publication should be addressed
to the publisher

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN 0 7506 5893 2

For information on Pergamon Flexible Learning

visit our website at www.bh.com/pergamonfl

Institute of Leadership & Management

registered office
1 Giltspur Street
London
EC1A 9DD
Telephone 020 7294 3053
www.i-l-m.com
ILM is part of the City & Guilds Group

The views expressed in this work are those of the authors and do
not necessarily reflect those of the Institute of Leadership &
Management or of the publisher

Authors: Colin Everson, Angus Thomas and Dela Jenkins

Editor: Dela Jenkins
Editorial management: Genesys, www.genesys-consultants.com
Based on previous material by Joe Johnson and Rosemary Harrison
Composition by Genesis Typesetting Limited, Rochester, Kent
Printed and bound in Great Britain by MPG Books, Bodmin
 Contents

Workbook introduction v
1 ILM Super Series study links v
2 Links to ILM qualifications v
3 Links to S/NVQs in Management vi
4 Workbook objectives vi
5 Activity planner viii

Session A Managing diversity 1

2 Introduction 1
3 Diversity and equality 2
3 The importance of equality at work 3
4 Inequality and unfairness at work 5
5 Has inequality occurred? – a checklist 7
7 Summary 13

Session B The law relating to equality at work 15

1 Introduction 15
2 Scope of the anti-discrimination laws 18
3 United Kingdom statute law 21
4 Other legislation affecting unfair discrimination 24
5 A detailed look at the main UK legislation 29
6 Illegal discrimination in detail 33
33 Summary 44

Session C Pursuing real equality in the workplace 45

1 Introduction 45
2 Who is liable? 46
3 Procedures for ensuring equality 48
4 Commitment to equality 55
5 Pursuing real equality 61
6 Summary 67

iii
Contents

Session D The consequences of illegal discrimination 69

1 Introduction 69
2 Types of liability for illegal discrimination 73
3 The financial consequences 76
4 The legal process – Employment Tribunals 77
5 Employment practices and procedures 85
6 Summary 91

Performance checks 93
1 Quick quiz 93
2 Workbook assessment 96
3 Work-based assignment 97

Reflect and review 99

1 Reflect and review 99
2 Action plan 103
3 Extensions 105
4 Answers to self-assessment questions 111
5 Answers to activities 115
6 Answers to the quick quiz 116
7 Certificate 118

iv
 Workbook
introduction

1 ILM Super Series study links

This workbook addresses the issues of Commitment to Equality. Should you

wish to extend your study to other Super Series workbooks covering related
or different subject areas, you will find a comprehensive list at the back of this
book.

2 Links to ILM qualifications

This workbook relates to the following learning outcomes in segments from

the ILM Level 3 Introductory Certificate in First Line Management and the
Level 3 Certificate in First Line Management.

C3.3 Managing Diversity

1 Define ‘diversity’ and its impact on the organization
2 State the main provisions of statutory requirements for fair
employment
3 Understand the need for compliance with organizational
policies and procedures to manage diversity
4 Understand the implications of non-compliance

v
Workbook introduction

3 Links to S/NVQs in Management

This workbook relates to the following elements of the Management

Standards which are used in S/NVQs in Management, as well as a range of
other S/NVQs.

C4.1 Gain the trust and support of colleagues and team members
C4.3 Minimise conflict in your team
C7.1 Contribute to identifying personnel requirements
C7.2 Contribute to selecting required personnel.

It will also help you to develop the following Personal Competences:

䊏 acting assertively;
䊏 behaving ethically;
䊏 building teams;
䊏 communicating;
䊏 influencing others;
䊏 managing self;
䊏 searching for information;
䊏 thinking and taking decisions.

4 Workbook objectives

The United Kingdom has always had a population distinguished by its diversity.
From prehistoric times invaders have settled here, bringing with them new
skills, customs and religious beliefs. Although at the time the incomers were
seen as a threat, their arrival was, in fact, beneficial to society as a whole.

Human beings come in a diversity of shapes, sizes, abilities and other

characteristics, many of which they have no control over.

People vary as to the colour of their eyes, their race, sex, the date on which
they were born, being born blind or deaf. People also differ as to their talents

vi
 Workbook introduction

and their inclinations. Some like mountaineering, some prefer playing chess
and others are gifted musicians. Some people are happy to pursue fairly
solitary occupations, such as long distance driving, while others like working
as members of a team.

It is because of the differences in inclinations, abilities and experience that the

human race is able to achieve so many things. No individual could possibly be
an expert in quality systems, an accomplished designer, a super salesperson,
a skilled production engineer and a experienced motor mechanic all at the
same time.

However, wherever there is diversity, i.e. where people are different from
each other, there is a risk of inequality. A classic example of this is given in
George Orwell’s famous novel, Animal Farm. Orwell described a farm where
the animals rebelled against a cruel farmer and set up an egalitarian society
where all animals were to be equal. But gradually one group of animals, the pigs,
gained control and established a hierarchy of power, with the pigs at the top,
and each group of animals having their own place below the pigs in the
hierarchy. The original principle of ‘All animals are equal’ had become ‘All
animals are equal, but some are more equal than others’. Inequality was back.

Most people would say that this quotation still applies to our world today.
Nowadays just about everyone would agree that equality is a good idea, but
too often, it seems, the same groups of people tend to miss out on advantages
and opportunities.

As a first line manager, you are responsible for making sure that you make the
most of diversity within your team, and that every team member is treated
fairly and understands the importance of equality in the workplace.

This workbook discusses the reasons why it is important to protect diversity

and avoid inequality and discrimination at work. We will explore methods that
you can use to check whether inequality has occurred in your workplace,
and find out about the kinds of protection extended to certain groups under
the law. It is very important for you, as a manager, to be aware of your
responsibilities. Adhering to the law need not be difficult but the penalties for
breaking it can be high.

Keeping within the law is one thing, but for a really successful workteam a
more proactive approach is usually required. Later parts of this workbook
therefore describe the practical steps you can take to develop a culture of
equality in your workplace.

Failure to comply with the legislation that protects diversity has serious
consequences, both for you and your organization. The last session in this
workbook looks at the implications of non-compliance for everyone
involved.

vii
Workbook introduction

4.1 Objectives
When you have completed this workbook you will be better able to:
䊏 define ‘diversity’ and explain why it is important to manage diversity at
work;
䊏 outline the main legislation relating to fair employment;
䊏 recognize whether the law has been broken;
䊏 describe the steps you can take to ensure diversity in the workplace;
䊏 describe the consequences of non-compliance for your own work area and
organization.

5 Activity planner

The following activities require some planning so you may want to look at
these now.

䊏 Activity 25, on page 54, which asks you to consider an occasion when you
have been involved in a selection process – you should identify ways in which
things could have been done differently in order to more effectively ensure
equality.
䊏 Activity 29, on page 61, which asks you to obtain a copy of your organization’s
policy and procedures relating to diversity and equal opportunities.
䊏 Activity 31, on page 65, which asks you to think about practical steps you can
take to ensure that members of your workteam are treated fairly.

Either Activity 25 or Activity 31 may provide the basis of evidence for your
S/NVQ portfolio. All Portfolio Activities and the Work-based assignment are
signposted with this icon.

The icon states the elements to which the Portfolio Activities and Work-
based assignment relate.

The Work-based assignment, on page 97, will require that you spend time
gathering information and talking to colleagues and people in your workteam.
You might like to start thinking about whom you should approach, and
perhaps arrange a time or chat with them.

viii
 Session A
Managing diversity

1 Introduction

Wherever you are in the world, whenever you get a group of people together,
you will find that in fact everyone is different – there is diversity. Members of
the group may appear to have overwhelmingly similar characteristics, for
example all male, all under 20, all European in origin, but if you dig deeper you
will find innumerable differences – in physical or mental limitations, sexual
orientation, religious beliefs, and so on.

Research has shown that, when people are perceived as being ‘different’, there
is a danger that they can be subject to unequal treatment. Those who have
characteristics which other people perceive as ‘good’ may be treated in a
more favourable way than those who have characteristics perceived as ‘bad’.
One particularly famous piece of research in the USA illustrated this clearly.
Researchers carried out an experiment in which a group of college students
were required to wear black armbands for a week. Gradually the rest of the
student population became less friendly towards them and increasingly
discriminated against them without being able to explain why. This research,
together with many similar experiments, shows that diversity, i.e. being
‘different’, carries a risk.

In every organization, and in every workteam within that organization, you

will find diversity that needs to be managed. It is the first line manager’s
responsibility to ensure that everyone is treated equally, and that no one is
discriminated against because of race, gender, sexual inclination, age, religion,
cultural origin, or physical or mental ability.

1
Session A

2 Diversity and equality

Where there is diversity in your workteam you are responsible for ensuring
that, whatever their characteristics, everyone is treated with equality. The
next step is to have a clear idea of what ‘equality’ means.

Think about the word for a minute or two, then complete the first
Activity.

5 mins
Activity 1

Try to think of two or three alternative definitions for the word ‘equality’.

Perhaps you’ve written something like:

‘the same opportunities being open to everyone’, or
‘everybody being treated the same’, or
‘everyone being on an equal footing’.
All these, and similar definitions, are perfectly good in a general kind of way
but we need to be a little more specific.

2
 Session A

2 mins
Activity 2

Below are two statements about equality. Consider them in relation to the
workplace specifically.

Equality means everyone must like one another.

Equality means everybody is equal.

There is a problem with these statements. In the space below note any
problems that occur to you as you consider them.

Sadly, each of these definitions is unrealistic and quite impossible to achieve!

No manager, however efficient, is able to make people like each other and, for
better or worse, we simply are not all equal.

All that equality means is that when there is diversity no one should be
treated less favourably than anyone else. So a reasonable definition of
inequality would be as follows.

Inequality occurs when a person or group is treated in a less

favourable way than another is, or would be, treated in the same
sort of situation.

However, there is one important word missing from this definition. Perhaps
you have already guessed what it is. In Section 4 of this unit we will be able
to define inequality more precisely.

3 The importance of equality at

work

What sort of difficulties would you face if people felt there was inequality of
treatment in your workplace?

3
Session A

4 mins
Activity 3

From your own experience, jot down two problems you would have to deal
with.

Typically:

䊏 morale might be low and relationships between members of the workteam,

and their relationship with you, might suffer;
䊏 the best use might not be made of everybody’s diverse abilities;
䊏 there might be high rates of sickness, absenteeism and wastage resulting from
people’s discouragement with the job;
䊏 there might be conflict leading to lost production – and possibly even
strikes;
䊏 there could be the possibility of legal action against the company;
䊏 it is possible that you would be found personally responsible in law for
discrimination in the workplace.

I expect that you thought of other difficulties, but this list is probably enough
to help us see the practical and legal reasons why achieving equality in a
diverse environment is so important for the team leader.

No one likes to feel that they are suffering the disadvantage of being
treated unfavourably.

Equality of treatment and opportunity is important:

䊏 to encourage good relationships in the workplace; and

䊏 to make the best use of everyone’s abilities.

4
 Session A

4 Inequality and unfairness at work

Now let us think more carefully about inequality.

As we have seen, inequality is not about people being unequal. It is about

being treated less favourably than others, so that they suffer some
disadvantage as a result. When we talk about unfairness, we mean that people
are not getting their rights – justice is not being done.

However, inequality is only one kind of unfairness. Even if everyone were to

be treated equally at work, so that no inequality existed, other forms of
unfairness could still exist. So we cannot say that inequality at work simply
means that someone is being treated unfairly. Inequality is a special kind of
unfairness. There is a difference between being unfair to people and treating
someone in an unequal way compared to others. You could be consistently
unfair to everyone which would still mean that everyone was being treated
equally!

Inequality occurs when a person or group is unjustifiably treated in

a less favourable way than another is, or would be, treated in the
same sort of situation.

This word ‘unjustifiably’ is a vital one. After all, however much you may want
to treat everyone equally at work, sometimes it is impossible to do so. Often
there is some overwhelming reason which prevents you from doing so. Take
the following case.

3 mins
Activity 4

Three young assistants were serving in a butcher’s shop. Viv had long
and straggling hair. Maria and Karl had short and tidy hair. The manager
had repeatedly told Viv that, unless he got his hair cut short, or tied it
back neatly while he was in the shop, he could not stay in the job. Viv
refused, and finally was dismissed.

5
Session A

The manager had a strong enough justification for his treatment of Viv to
make it clear that this was not a case of inequality at work. What do you think
the justification was?

You probably, and correctly, put something like: ‘hygiene’ or ‘to ensure that the
meat was not exposed to germs’ or ‘to protect customers from contaminated
meat’.

On the face of it, the manager seems to have treated Viv differently from the
others, in a way that put Viv at a disadvantage in the end. But his reason for
doing so was because of the overwhelming need to ensure good hygiene in a
fresh food shop. The manager, incidentally, was able to prove that he had fully
explained his reason to Viv, and that no one was ever allowed to serve in the
shop who did not meet the defined hygiene standards. This was further proof
of the manager’s case that his treatment of Viv was justified.

So we can now make the following statements.

䊏 Inequality occurs when a person or group is unjustifiably treated in a less

favourable way than another is, or would be, treated in the same sort of
situation.
䊏 Some inequalities at work cannot be avoided. The essential thing is that, if they
exist, there is a strong justification for them.

There is one more important point to make here.

Before making any decision, get the facts.

When you are looking into any complaint, or checking a situation in your
workplace, you must get all the important facts before you attempt to make
any decisions. This is vital in issues related to equality at work, because such
issues have so many legal as well as practical implications.

6
 Session A

5 Has inequality occurred? –

a checklist
In order that we can decide, in a particular situation, whether inequality of
treatment has occurred, there are four crucial questions to be answered.

1 What are the facts?

2 Is there any difference in treatment?

3 Does anyone suffer any disadvantage?

4 Does any justification exist?

Let’s try out the checklist on another situation.

4 mins
Activity 5

Mr Singh, a Sikh, applied for a job on the production line in a factory

manufacturing sweets. As an orthodox Sikh, he wore a beard. He was
told he could have the job, providing that he shaved off his beard. His
religion forbade him to do this, so he failed to get the job.

What are the facts?

Jot down four pieces of information, not given here, in the form of questions
that you will need to have answered before being able to decide whether or
not Mr Singh has suffered from inequality of treatment.

For example, you might want to know whether the non-wearing of beards
was a stated condition of employment.

7
Session A

Your questions may be included in the following list. You may also have
thought of other pieces of information you feel you need.

䊏 Is the non-wearing of beards a stated condition of employment?

䊏 Have other bearded applicants been treated in the same way as Mr Singh?
䊏 Is there any other reason why Mr Singh did not get the job, for instance: lack
of ability?
䊏 Why was Mr Singh told to shave his beard?
䊏 Are there any rules in the factory about non-wearing of beards by existing
workers?
䊏 Do any existing workers wear beards?
䊏 Is there any strong justification for non-wearing of beards in the factory?

Here are the full facts that an investigation into this case actually revealed.

Mr Singh, a Sikh, applied for a job in a factory manufacturing sweets.

A factory rule forbade the wearing of beards by any employee who
came into contact with the products. This rule was strictly applied to
existing workers, and was a condition of employment for new
workers.

The application of this rule meant that Sikhs, whose religion forbids
them to shave their beards, were virtually ruled out of taking such
jobs. However, the employer maintained that the rule was justifiable
on grounds of hygiene, irrespective of the colour, race or nationality
of applicants and job holders. He was able to show that no one with
a beard had ever obtained or kept a job that involved contact with the
products.

Mr Singh was fully qualified to do the job, and was offered it. But when
told that he must obey the rule and shave his beard off he declined
to do so, since he was an orthodox Sikh and could not disobey the
rules of his religion.

8
 Session A

5 mins
Activity 6

Now that we know a whole lot more, we can move on to apply the rest of
our checklist and answer the following questions.

Is there any difference in treatment? Who, if anyone, has received

difference in treatment in this case?

Did anyone suffer any disadvantage? What, if any, disadvantage has occurred
as a result of any difference in treatment?

Does any justification exist? What, if any, strong justification exists for any
unfavourable treatment?

Now let’s look at the answers to these questions.

䊏 Is there any difference in treatment?

Mr Singh was not treated differently from anyone else. The no-beard rule applied
to everyone.

䊏 Did anyone suffer any disadvantage?

Mr Singh failed to get the job because he wouldn’t shave off his beard. So, yes,
he did suffer a disadvantage.

䊏 Does any justification exist?

The justification is hygiene, as in our case about the assistants in the butcher’s
shop. Hygiene near food products is clearly a very strong justification. The firm
was also quite clear about it: no one who worked near food products had ever
been allowed to wear a beard. This consistant treatment shows just how
important the hygiene factor was.

9
Session A

So did inequality occur? No – the Employment Tribunal which investigated this

case decided that the justification for non-wearing of beards was so strong
that no true inequality occurred in this case. Again, let’s remember the
following.

Inequality occurs when a person or group is unjustifiably treated in

a less favourable way than another is, or would be, in the same sort
of situation.

Did you notice the way in which our four-point checklist helped us to build up
an increasingly clear understanding of all the issues in the case? At the end, we
could confidently answer the question ‘Did inequality occur here?’

Let’s try out our checklist once more.

5 mins
Activity 7
1 What are the facts?

An Afro-Caribbean skilled fitter applied for a job with a large motor

manufacturer. He was well qualified for the job, and management
wished to appoint him. Both the company and the trade union
claimed to actively pursue a policy of equal opportunity for all
workers, regardless of colour, race or sex.

All the other workers in the section where the job was located were
white. A union meeting was held, and a resolution was passed that the
white workers would not work with a black person. The two shop
stewards told management, who then decided not to appoint the
black applicant. One white worker disagreed with the union action.
He reported the firm for inequality at work.

Now try answering the rest of the questions in our checklist.

2 Is there any difference in treatment? Who, if anyone, has received

difference in treatment?

3 Did anyone suffer any disadvantage? What, if any, disadvantage has occurred
as a result of any difference in treatment?

10
 Session A

4 Does any justification exist? What, if any, strong justification exists for any
unfavourable treatment?

So has inequality at work occurred here? YES/NO/UNSURE

Let’s look at the answers now.

䊏 Certainly the Afro-Caribbean fitter was treated differently from the way any
white applicant would have been – although, clearly, any applicant from an
ethnic minority would have been treated in the same way as he was.
䊏 The fitter definitely suffered a disadvantage, in that he did not get the job.
䊏 Was there strong justification for such unfavourable treatment? Questions of
justifiability are not always easy to answer; you may have found this one
difficult. The virtual certainty of management facing a strike if they employed
the black fitter might be seen as a compelling reason for not employing
him.

But let’s consider the other side of the story.

There was an active equal opportunity policy in the firm, to which

management and union were both committed. They had agreed to apply this
policy regardless of colour and so on. So to reject a person simply on grounds
of colour went right against this policy.

Can such a rejection simply on grounds of ethnic origin ever be justifiable? Our
own society condemns racism. Surely such a rejection encourages racism, and
will lead to more inequality in that firm?

To reject a black person because of threats from white workers could be seen
as giving in to unreasonable demands.

In fact the Commission for Racial Equality, who considered the case, decided
that the firm had no justification for the treatment of the fitter. They decided
that it was a case of inequality at work.

We will come back to this case later, because for several other reasons it is
an important one in relation to inequality. For the moment, though, we can
see again how our four-point checklist helps us to build up an increasingly
clear understanding of all the issues in a case until, at the end, we can answer
the following question with reasonable confidence.

‘Did inequality occur here?’

11
Session A

10 mins
Self-assessment 1

1 Give five reasons why someone might be discriminated against in the

workplace.

2 Fill in the blanks in the sentences with a suitable word or words.

Equality of treatment and is important:

䊏 to encourage good in the workplace; and

䊏 to make the best use of everyone’s .

3 Inequality occurs when a person or is

treated in a less way than another is, or would be, treated in
the same sort of situation.

4 The four-point checklist.

a What are the ?

b Is there any difference in ?
c Does anyone suffer any ?
d Does any exist?

5 One of the following four statements is false; the rest are true. Try to identify
the false statement.

䊏 Equality means everyone has the same abilities and

opportunities. 䊐
䊏 Inequality exists when a group is unjustifiably treated differently
from another group. 䊐
䊏 Inequality of treatment may lead to low morale and conflict in
the workplace. 䊐
䊏 A manager can be found personally responsible in law for
inequality in the workplace. 䊐

Answers to these questions can be found on page 111.

12
 Session A

6 Summary
䊏 Diversity is the mix of cultures, ethnic background, religion, sex and other personal characteristics found
in the workplace.

䊏 Diversity has to be managed in order to avoid unfair discrimination and inequality of treatment.

䊏 Equality of treatment and opportunity encourages good relations at work and makes the best use of
everyone’s abilities.

䊏 Inequality occurs when a person or group is unjustifiably treated in a less favourable way
than another is, or would be, treated in the same sort of situation.

䊏 If inequalities occur there must be strong justification for them.

䊏 Four-point checklist.
䊏 What are the facts?
䊏 Is there any difference in treatment?
䊏 Does anyone suffer any disadvantage?
䊏 Does any justification exist?

13
This Page Intentionally Left Blank
 Session B
The law relating to
equality at work

1 Introduction

The law has intervened increasingly in recent years to regulate relationships

between employers and employees. It is a complicated area and in a continuing
state of flux. Though the basic Acts do not change much, subsequent ‘Directives’
and the huge numbers of decisions taken by employment tribunals and the
courts affect the law in subtle, and sometimes radical, ways. There can never be
a definitive statement of the law, and so the best way to keep within it is to
manage within the spirit of it, so demonstrating your commitment to equality
in practice.

1.1 Changing trends

Changing the law does not of itself alter prejudices. They may be deeply
rooted and will change only, if ever, over extended periods of time. However,
such changes have occurred in areas touched on by the law. Tasks once
almost exclusively undertaken by men, such as dentistry, engineering, flying
aircraft and driving heavy goods vehicles are now much more commonly
performed by women. Statistics published in 2002 indicate that since 1951:

䊏 the proportion of women in the UK workforce has increased from 30% to

45%;
䊏 the proportion of women managers has increased from 15% to 30%;
䊏 the proportion of women in professional occupations has risen from 8% to
42%.

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Session B

1.2 Unchanging attitudes

It would be hard to find a single human being who is totally without prejudice,
even if it is simply in regard to what is, or is not, a suitable job to apply for,
and even where no physical barrier to doing the job exists.

Changing the law cannot make people apply for jobs which they believe are
traditionally not done by members of their own sex or ethnic group. There
may also be pressures inside their own communities which inhibit them, for
example Roman Catholics in Northern Ireland or West Indians in London may
be reluctant to join the police force.

1.3 Modifying behaviour

The law cannot remove people’s prejudices about those who do not look,
speak, behave or believe as they do. Whether their reasons are rational or
irrational they are quite beyond the ability of the law to change.

What the law can do is to insist that people’s behaviour conforms to certain
standards. Statute law is enforced by sanctions available through the courts
and employment tribunals, before which people who believe that they have
been discriminated against illegally can have their cases heard.

In a parliamentary democracy, over a period of time, laws will reflect what the
majority of people recognize as being just and fair. In the nineteenth century,
that included flogging in the army, navy and prisons, transportation for life for
many offences, and the outlawing of trade union activity under the
combination laws. All of these laws changed as general public opinion moved
against them. No doubt some people regretted the changes, but they had to
learn to live with them.

Likewise, individuals who disagree with laws outlawing discrimination in

specified circumstances must obey them in public, whatever they may think in
private.

1.4 Diversity
Over the centuries the UK has welcomed and absorbed people from many
countries for many reasons. They add to the variety of skills and experiences
available here by comparison with societies where such inflows of people have
not happened.

16
 Session B

The concept of ‘managing diversity’ has already been discussed in Session A.

Managing diversity implies:

䊏 recognizing and drawing out the contributions which all individuals have to
offer through their differing backgrounds, experiences, cultures and
inclinations;
䊏 melding them to produce a total effort whose sum is greater than the sum of
its parts.

If, as a first line manager, you apply such an approach to your everyday duties
then you will be going a long way towards meeting the positive intentions of
the various laws you will be looking at in this session.

3 mins
Activity 8

Imagine yourself managing a team of 12 people consisting of individuals from

both sexes, of various ages, from four identifiable ethnic backgrounds and two
religions. One member is physically disabled. List up to four advantages which
such a team would have over one which comprised members of a single sex,
ethnic group, age group and physical ability level.

This Activity has asked you to consider the positive aspects of managing a
diverse team. The factors which you listed could include the following.

䊏 A disabled person has experience of and sympathy with disabled customers

who use your products or have to negotiate entrances and changes in floor
level on your premises.
䊏 People from different religions can anticipate sensibilities which may affect the
marketability of particular products or services to members of their faiths.
䊏 Younger people may have greater enthusiasm, sharper physical reactions and
willingness to look at different ways of doing things.
䊏 Men and women can bring complementary views to bear on opportunities or
problems in the design of products.
䊏 Experienced staff may be less prone to panic when things don’t go according
to plan and have solutions available which they know work.

17
Session B

䊏 People from different cultures may bring ideas which are more sensitive to
environmental issues, avoiding waste and working harmoniously with the
environment.

You may have other ideas, but in principle the Activity should help you think
positively about managing diverse teams and the honourable intentions
underlying the legislation.

2 Scope of the anti-discrimination

laws

The law does not impose a blanket ban on discrimination for any and every
reason. For example, it does not demand that all jobs be filled on a ‘first come
first appointed’ basis or insist that untrained people be allowed to work as
surgeons, airline pilots, teachers or food handlers.
In 2002 a Roman
Catholic man was
awarded £10,000 by
However, the law does aim to outlaw unfair discrimination against anyone on
the European Court of the following well-defined grounds:
Human Rights in
Strasbourg. It upheld 䊏 sex;
his claim that he had
been discriminated
䊏 marital status;
against because of his 䊏 race;
‘religious belief or 䊏 colour;
political opinion’ when
䊏 nationality;
dismissed from his job
as a waiter by a hotel 䊏 ethnic origin;
in Belfast. He stated 䊏 national origin;
that he had been the 䊏 disability.
only Catholic among
the staff.

2.1 Other potential grounds

Other grounds may follow. For instance legislation to prohibit unfair
discrimination on the grounds of age is likely to be introduced by 2006.

Cases also arise based on claims of unfair discrimination on the grounds of

religious belief or political opinion – which is implicit in the spirit of the
legislation.

18
 Session B

2.2 Positive discrimination

The law does not require general discrimination in favour of particular
groups or individuals except under well-defined circumstances.

There has been much debate about having all-women lists as candidates for
parliamentary seats in order to increase representation by women in the
House of Commons and the Government. But positive sex discrimination is
not treated as a general principle by the law as it currently stands.

3 mins
Activity 9

Why do you think that the legislators have fought shy of demanding more
general positive discrimination throughout the working population? Try to
make three suggestions.

You may have thought of a number of reasons, including the following.

䊏 People might actually feel patronized and be reluctant to be appointed into

jobs simply because they are from one of the groups mentioned. ‘Tokenism’
can offend the person who is selected to be the ‘token’, as well as everyone
else working in that area.
䊏 There may be underlying causes concerning education and training which
need to be eliminated – positive discrimination alone would not address these
issues.
䊏 Discriminating in favour of one group could discriminate against another
group, which the law is also seeking to protect.
䊏 Unless the person appointed is competent, there could be repercussions
concerning general standards of work, safety, employment relations and
commercial viability.

19
Session B

2.3 Genuine Occupational Qualification

(GOQ)
The law does provide for an employer to claim that discrimination was
necessary because of a ‘genuine occupational qualification (GOQ)’. For
example, many jobs demand that their holders fulfil requirements relating to
such matters as taste, decency, artistic credibility and the sensibilities of
various defined groups.

3 mins
Activity 10

Look at the following list of job advertisements and underline those in which
you believe an employer could validly argue that a GOQ existed which would
disqualify any applicants who did not possess it.

1 Packing machine operator

2 Gentleman’s cloakroom attendant

3 Catering assistant

4 Dancer to play Juliet in Prokofiev’s ‘Romeo and Juliet’ ballet

5 Sailor to work on Scottish Islands ferry services

6 Waiter/waitress for Chinese restaurant

7 Actor to play Hamlet, Prince of Denmark (Shakespeare)

8 Nurse for maternity hospital

9 Front line infantry soldiers

10 Santa Claus for Christmas season in department store

Of the ten jobs listed, five clearly cannot claim a credible GOQ.

In job 1, there is no GOQ because someone from any race, either sex and
many disabled people could do the job. The same applies to job 3. In job 5, a
sailor does not have to be Scottish or from any particular race to work on

20
 Session B

such a ferry. In job 8, men work as gynaecologists and as midwives, so there

is no GOQ to prevent their working in a maternity hospital. As far as job 10
is concerned, Santa Claus, with voluminous costume and false beard, could be
played by either sex – though no test case has yet come to tribunal, so far as
is known.

You could have underlined five jobs, but even some of these could be
contentious.

A singer applied for In job 2, it could be argued that on grounds of privacy and decency only a male
the role of a virgin in
a Gilbert and Sullivan
could do this job in such intimate surroundings – but since men work as
opera. She was clearly nurses in female wards there could be a counter-argument.
expecting a child and
was turned down. In job 4, it is difficult to see how a male dancer, however good, could play this
Backed by her union,
she took her case to a
role in a normal production – but there have been all-male performances of
tribunal, claiming ‘Swan Lake’.
unfair discrimination.
She lost the case on
In job 6, it could be held that only somebody authentically Chinese could do
the grounds that there
was a GOQ and her the job, but would the same be true for a restaurant promoting authentic
condition clearly made French, Italian or English Food?
her ineligible for
authenticity in the
role.
In regard to job 7, Hamlet is a role written for a man, but it has been played
in the past by some famous actresses, including Sarah Bernhardt, who had also
lost one leg by the time she played it.

The situation in job 9 has now been clarified. After long debate, the Ministry
of Defence has concluded that only men possess the necessary attributes to
serve in front line combat situations.

As you will have seen, even in the underlined situations, there is some room
for debate. Discussion still continues about women’s suitability for hand-to-
hand combat roles and their effect on morale and discipline in front line
infantry formations. Often, the issues are not clear cut.

3 United Kingdom statute law

Normally, statute law enacted by Parliament is enforceable by the courts or
other bodies empowered to do so under a specific Act.

Under European Union (EU) law, there are some matters in which UK statute
law does not take precedence. Some actual or proposed European Directives
will be covered later on.

21
Session B

Under UK law there are a number of principal statutes relating to the unfair
forms of discrimination so far declared illegal. These are as follows.

EXTENSION 1 The Sex Discrimination Acts of 1975 and 1986

summarizes the work of These prohibit unfair discrimination on grounds relating to sex or marital
the Equal Opportunities
Commission (EOC), the
status.
Commission for Racial
Equality (CRE) and the
The Employment Protection (Consolidation) Act 1978, the
Disability Rights Employment Act 1980 and the Social Security Act 1986
Commission (DRC) These give pregnant employees, or those on (or returning from) maternity
leave certain rights relating to pay and jobs.

The Equal Pay Act 1970, amended in 1983

This requires that men and women in a particular workplace receive equal pay
for work which is the same or similar, and for work of equal value.

The Race Relations Act of 1976

This prohibits unfair discrimination on grounds relating to race or nationality.

The Disability Discrimination Act 1995

This prohibits unfair discrimination on grounds relating to disability.

Employment Act 2002

This gives women returning to work after childbirth to the right to request
part-time employment but a woman exercising this right should normally
exhaust all internal procedures before taking this to an Employment Tribunal.

There are often a number of Amendments to Acts. Those quoted above are
selected on the basis of their relevance here.

3.1 Are there ways around the law?

No one can legally enter into a contract which ignores or sets aside statute
law, even if both parties agree to it.

3 mins
Activity 11

A male nurse discovered that he was being paid less than female colleagues
for doing the same job. When he enquired why, he was told that lower rates
of pay had been offered to applicants who had been engaged later than the
nurses receiving higher pay. He had signed his contract freely and must work
for the rate he had agreed. He discovered that a female nurse was receiving
the higher rate even though she had started later than he had. He eventually
pursued his case at an Employment Tribunal. Do you think the Tribunal found
for or against him?
FOR/AGAINST

22
 Session B

In fact, the Tribunal found in his favour and awarded him a substantial sum,
payable by his employer, to compensate him for lost earnings. This real case
clearly shows the following.

1 Employees cannot be bound by a contract which breaks the law, even if they
agreed to its terms willingly

2 The legislation applies to both men and women.

3.2 Legally unqualified workers

Some people are unqualified, in a legal sense, to work at all. Categories
which come within the legal definition as ‘unqualified’ for any employment
are:

䊏 illegal immigrants;
䊏 people claiming benefit;
䊏 children still of compulsory school age.

You are most likely to come into contact with them if you work in certain
sectors, such as agriculture, horticulture and hospitality. Such people may
seem attractive to employers as being unable to assert any rights and
potentially willing to work for low pay.

If you find that someone from such a category has joined your team then:

䊏 your employer is breaking the law;

䊏 you should discuss it with your employer and endeavour to have the practice
ended.

If you do nothing, you have become a party to it and in effect are

breaking the law yourself.

The specific grounds So far this section has introduced much wide ranging legislation that can affect
on which
discrimination can be
many aspects of your work. It is a daunting array even to practising lawyers,
unlawful are as follows. and it would be quite unrealistic to expect you to become an expert in
legislation which changes frequently, can be added to by other Acts and
䊏 Sex Directives, and is subject to interpretation in various courts.
䊏 Nationality
䊏 Marital status
䊏 Ethnic origin In English law, ignorance of the law is not a valid defence, which though true,
䊏 Race probably doesn’t sound very helpful. This means that the sensible approach for
䊏 National origin
you to take to protect yourself from possible repercussions is as follows.
䊏 Colour
䊏 Disability
1 Keep in mind the broad principles and aims of the law and the specific grounds
on which illegal discrimination can occur.

23
Session B

2 Seek advice from your manager or the personnel (or human resource)
department if you are ever unsure whether an existing, or proposed, practice
may offend the law.

Other sources of information and advice are provided on page 105 of this
workbook.

4 Other legislation affecting unfair

discrimination

There are a number of other Acts and Directives which affect or will affect,
directly or indirectly, discrimination in employment. Often their implications
cannot be known until test cases have been decided in the courts, and this can
take months or even years.

4.1 European human rights legislation

The general entitlement that every individual’s human rights should be
respected can affect equality issues in ways which may not be predictable. The
example of the Roman Catholic employee was cited earlier in this session.
Under UK law, religious belief is not a legal ground on which to pursue a case
through an Employment Tribunal, but eventually he obtained a judgment
through the European Court of Human Rights.

The UK Government is committed to embracing the European Social Chapter.

It is on this foundation for social legislation that the various European-inspired
Directives are built. Some of them are discussed next.

4.2 Parental leave

The right of parents of either sex to take leave, paid or unpaid, can obviously
affect equality if, for example, employers are more reluctant to grant it to
fathers. More fathers are claiming this as their right.

24
 Session B

4.3 Flexible working hours scheme

The entitlement of parents from April 2003 to request more flexible ‘family
friendly’ working practices has further implications for sex discrimination, for
example in cases where male parents could be held to have been treated less
favourably than female parents. Each case must be looked at on its merits, but
if you are handling a request to work more flexibly, it is worth keeping in mind
the following Employment Tribunal settlement involving a male car
mechanic.

When a female employee came to the end of six months maternity

leave from her employer, her husband asked his own employer to
reduce his hours so that he could take his turn in looking after the
baby. It seemed a sensible arrangement since his wife’s job paid better
than his. He was refused his request, being told it would be ‘too messy’
to arrange. Four female employees in the same company had been
granted similar requests. The husband resigned and applied to a
Tribunal, alleging sex discrimination. He won his case and £3,600 in
compensation on the grounds that the employer would probably have
acceded to his request had he been a woman. He had clearly received
less favourable treatment as a man. The husband was supported by
the Equal Opportunities Commission in what they believed was the
first (but probably not the last) case of its kind.

4.4 Working Time Directive

This Directive limits the hours which an employee can normally be required
to work. Normally the limit is no more than 48 hours a week, or eight hours
per night shift, though employees can work longer hours by mutual consent.
Employees in the UK tend to work longer hours than those in other
European countries, so the pressure to conform with the maximum periods
may increase. If one sex works more hours on average than the other, it is
possible that sex discrimination might be claimed to support a reduction.

4.5 Minimum wage legislation

All employers must pay at least the minimum rate per hour as set by the law.
However, in employment where ‘piece work’ is the normal practice – that is

25
Session B

The legal minimum payment relates to the number of items produced – they must pay a rate
hourly rate payable is
increased from time which is at least equal to the minimum wage. So, for example, it would be
to time, so it is not illegal to set a pace of work which made it impossible for the worker to
possible to quote a achieve a payment rate per hour equivalent to the minimum wage.
definitive figure here.
If you work in a
sector which has The minimum wage could have serious legal implications in organizations
relatively low paid where women do a high proportion of the low-paid jobs on a piece work
staff you should check
basis, while men do a comparable job at a higher rate not based on piece
with your manager or
the human resources work.
department what the
present level is.

4.6 Age discrimination

It is likely that, by 2006, the UK will have implemented a law to ban unfair
discrimination on the basis of age. The difficulty of defining what is meant by
‘older’ or ‘younger’ workers will be considerable – we are all older than we
were last year and younger than we will be next year.

In practice, the advent of this legislation means that employers need to review
employment practices, such as advertising jobs with upper (or lower) age
limits. They may also need to look at the way they word equal opportunities
policy statements.

4.7 Other possible areas for

anti-discrimination law
The European Economic and Social Council in Luxembourg has given approval
for the regulation, at some time in the future, of unfair discrimination on the
basis of religion or sexual orientation. It is intended that the UK and
Northern Ireland will introduce new laws banning discrimination on the
grounds of sexual orientation and religion during 2003. The details and
potential timings are unclear at the time of going to press, but both would
pose very difficult questions as to definitions and enforcement.

4.8 Contingency planning

The problem for you as a first line manager is to anticipate how these actual
or proposed Directives might affect illegal discrimination at your workplace.
You might consider putting contingency plans in place and making sure that
you manage within the spirit of the existing law and best practice, which will
create the right climate to absorb further legislation if and when it comes.

The next activity will ask you to think about such contingencies.

26
 Session B

5 mins
Activity 12

Try to think of at least one example (preferably from your own experience)
where the following Directives could have been relevant in regard to unfair
discrimination.

Directive Example

1 Human Rights

2 Working Time

3 Minimum Wage

4 Ageism

You will probably have had to think quite hard over this activity. It will be
interesting for you to see how your suggestions compare with those given on
page 115. They may depend on the sector you work in and the working
practices which exist, and may have existed for many years.

This whole area is one in which you need to be constantly on your guard. You
would be well advised to review the employment practices in your
department and try to anticipate any which may fall foul of existing or
proposed legislation.

27
Session B

4.9 The Public Interest Disclosure Act

(PIDA)
This UK statute, the ‘Whistleblowing Act’, gives protection from victimization
to employees who raise a wide range of concerns in regard to working
practices in their workplace. The concern does not have to be a personal one
– it can refer to another individual or a group of employees whom the
‘whistleblower’ believes are being treated unfairly.

The Act is often referred to by its nickname because it encourages employees

to ‘blow the whistle’ on employers whom they believe to be breaching the law,
or trying to cover up such a breach.

Many situations envisaged by the Act are to do with unfair discrimination

A doctor who was issues, such as equal pay, terms and conditions of employment, recruitment
dismissed for
‘whistleblowing’ over
and selection, and minimum pay.
her concerns about
patient safety won her The Act protects any employee who raises a genuine concern provided that
case against her they have an honest and reasonable suspicion that malpractice has occurred,
former employer. She
had been offered
even though it may transpire later that the concern was unfounded.
£85,000 to drop her
case, but refused. The
case has so far cost
£350,000 in legal fees.

5 mins
Activity 13

Look back for a moment at 3.2 Legally unqualified workers in this session.

Imagine yourself working for a business which you suspect of employing male
staff from one of the proscribed categories. You have raised the issue with
your employer but were fobbed off and, in effect, told to mind your own
business. You believe that the staff involved are working for less than the
minimum wage and are denying employment to legally qualified female
workers who did the job previously.

How might PIDA help you if you are still unsatisfied?

28
 Session B

You may have written that, once you were sure that you had exhausted all
available internal channels, you could report your concerns to a body such as
the Equal Opportunities Commission (EOC). A local solicitor who offers free
initial consultations or the Citizen’s Advice Bureau would be a prudent first
port of call.

5 A detailed look at the main UK

legislation
The remainder of this session will take a more detailed look at the principal
statutes and the specific forms of unfair discrimination which are outlawed by
them.

5.1 The Sex Discrimination Acts of 1975

and 1986
The Act makes unfair discrimination unlawful in full-time and part-time
employment and in training. Discrimination against married people because
they are married is also dealt with.

The chief matters which the act covers are:

䊏 recruitment and selection for employment;

䊏 appraisals, opportunities for training and promotion;
䊏 dismissal;
䊏 victimization.

5.2 The Employment Protection

(Consolidation) Act 1978, the
Employment Act 1980 and the Social
Security Act 1986
Some specific rights relating to pregnancy and employment are included in
these Acts, including:

䊏 time off for ante-natal care;

䊏 statutory maternity pay;

29
Session B

䊏 return to work after maternity leave;

䊏 protection from dismissal on the grounds of pregnancy.

5.3 The Equal Pay Act 1970, amended in

1983
This Act established the right for men and women to receive equal pay for
doing the same work – something which, for many years prior to the Act, had
not been the custom in some trades where women were frequently paid less
than men. The Act applies to part-time as well as full-time employees.

The Act also provides that, where men and women are doing different work,
they should receive equal pay if an assessment of the total effort, skill and
responsibility required for the jobs is the same.

A good way of avoiding the risk of making decisions based on prejudices or

subjective criteria is to use objective, recognized job evaluation procedures.

5.4 The Race Relations Act 1976

The Act’s main provisions are similar to those in the Sex Discrimination Act,
outlawing unfair discrimination concerning:

䊏 recruitment and selection for employment;

䊏 appraisals, opportunities for training and promotion;
䊏 dismissal;
䊏 victimization.

The Act allows for limited permitted discrimination in those circumstances:

䊏 where there is a ‘GOQ’, such as the need to use an artistic or photographic

model of the same race as the subject being depicted;
䊏 where a job is to be done wholly outside Great Britain;
䊏 where there is the need for special training to meet the needs of a racial
group which is under-represented in a specified occupation.

5.5 The Disability Discrimination Act 1995

Employers employing fewer than 15 employees are exempt from the Act.
(Before December 1998 the minimum number had been 20.)

The Act defines disability as ‘a physical or mental impairment which has a

substantial and long term adverse effect on the person’s ability to carry out
normal day-to-day activities.’

30
 Session B

A temporary incapacity due, for example, to a sporting accident would not

qualify anyone for protection under this Act. Normally the effect must last for
12 months or more.

EXTENSION 2 The former quota system which you may have come across was abolished in
The Disability
Discrimination Act 1995 –
1996 with the advent of the more general requirement not to discriminate
What Employers Need to against disabled people as defined by the new Act. Green Card holders under
Know is available free the former legislation automatically gained the protection provided by the
from the Disability 1995 Act.
Rights Commission.
Reference is made to
possible financial help for In some respects, this Act is more far-reaching in its scope than other
physical adjustments to legislation as it can require changes to an employer’s premises as well as to
the workplace.
working practices.

Reasonable adjustments
The Act envisages that employers should make ‘reasonable adjustments’ to
working practices and their premises with the intention of levelling the playing
field for disabled people. Some adjustments might be relatively inexpensive,
for example providing information in Braille or modifying an office layout to
provide more room to manoeuvre wheelchairs.

Financing physical adjustments

Where more substantial expense is involved, such as the installation of ramps,

lifts, new access or emergency egress provisions, each case then needs to be
looked at on its merits. The analysis should take into account the benefits
which the employer will receive because of the employee’s combination of
skills and experience as well as the costs. For example, an existing employee
who becomes disabled may be so valuable to the organization that relatively
large outlay is justifiable. The total resources of the organization can be taken
into account (not just those of a particular site) when assessing what it is
reasonable for it to spend, and the smallest employers are of course exempt
from the Act.

In some cases, financial help may be available from the government or a

voluntary body involved in helping those who suffer the particular disability
involved.

31
Session B

5 mins
Activity 14

Fill in the blanks in the following sentences.

1 The Sex Discrimination and Race Relations Act both outlaw unfair
discrimination on the grounds of and
for employment.

2 Under the Disability Discrimination Act, an employee who suffered a

incapacity following a skiing accident would
be protected.

3 Under the Equal Pay Act, and must be paid

for doing the work or work assessed as
being of value.

4 It is illegal to dismiss a employee solely on the grounds of

pregnancy.

5 Victimization is banned under both the Act and the

Act.

6 Disability is defined as a or impairment

which has a and long-term effect.

7 Time off for care is a legal right for a pregnant employee as

is to after maternity leave.

Answers to the Activity can be found on page 115.

32
 Session B

6 Illegal discrimination in detail

The various Acts have much in common in the way that they tackle unfair
discrimination.

6.1 Direct discrimination

This occurs when an individual is treated less favourably than another would
be treated in the same or similar circumstances on any of the grounds
proscribed (disability, sex, marital status, race, colour, nationality, ethnic or
national origins).

3 mins
Activity 15

A woman claimed Read the following sentences and decide whether each of the activities
unfair discrimination
on the grounds of
described would constitute direct discrimination.
marriage. She worked
for the same manager 1 An employer advertises a job in a local newspaper specifying that the
as her husband. The requirement is for a ‘strong, able-bodied man’. YES/NO
manager did not ‘get
on’ with her husband.
She claimed that the 2 A store implements a policy of having only male attendants in the gentlemens’
manager effectively cloakroom and female ones to look after the ladies’ restroom. YES/NO
demoted her out of
spite. She was backed
by her union. 3 A team leader responsible for interviewing job applicants turns down an
applicant who is of Punjabi origin because no one of that extraction currently
works in the section. She fears the applicant would not fit in. YES/NO

4 An employer has an unwritten rule that young married women are never
promoted beyond a specified management grade because of concern that
family commitments might interfere with their work. YES/NO

5 An overseas employer advertises for a ‘male engineer’ to work in a

predominately Muslim state in Africa. YES/NO

33
Session B

1 This is clearly direct discrimination against women and disabled people and
would be illegal.

2 This is a ‘genuine occupational qualification’ on the grounds of privacy and

decency. The store’s policy is even-handed between men and women and it
could not reasonably be claimed as direct discrimination if, for example, a man
applied for a job in the ladies’ room.

3 This would be direct discrimination, and the team leader could be held
personally responsible in law if acting on his or her own initiative. (The
consequences for organizations and individuals will be developed in Session
D.)

4 This would be direct discrimination on the grounds of sex and marital status
and so illegal. If and when ‘ageism’ becomes illegal, it could also fall foul of that.
The courts will then have to decide what is meant by ‘young’.

5 This would not be discrimination as there is provision in the Act, where work
is being done wholly outside Great Britain, to take account of local customs
and practices where the work is to be done.

6.2 Indirect discrimination

Indirect discrimination occurs when a requirement or condition of employ-
ment is applied equally to all groups but:

䊏 the condition makes it harder for members of a particular group to comply,

and;
䊏 it is entirely irrelevant to their ability to do the job.

Imposing such a condition may simply be a roundabout way of discriminating

against a particular group, and that is why it is illegal. For example, imposing
a condition that all applicants must be six feet tall or above would plainly
discriminate against more women than men, and adding that they should also
weigh at least 14 stone would add further to the difficulty for female
applicants to comply with the condition.

Not all cases of indirect discrimination may be so clear cut, and the following
Activity asks you to look at a number of circumstances and decide whether
you believe them to represent ‘indirect discrimination’.

Note: earlier versions of the Act did not cover ‘indirect’ discrimination, and
the offence was introduced to stop people who were circumventing the law
in ways which the original legislators had not anticipated.

34
 Session B

5 mins
Activity 16

Read the following sentences and decide whether each of the activities
described would constitute indirect discrimination.

1 A company’s policy decreed that no-one was eligible for promotion above a
certain grade unless they had ten years’ continuous service. A female
employee applied for such a post. She had been with them for 12 years, but
had left for one year to look after her baby before returning. YES/NO

2 A company started its annual appraisal system at Grade 3 and made decisions
about promotion and skills training on the basis of it. Very few of its staff of
Asian or Afro-Caribbean origin worked at these grades. YES/NO

3 A job advertisement stated that applicants must be chartered members of a

specified engineering institute to be considered for the post. YES/NO

4 An internal company job advertisement stated that applicants must be fluent

in written and spoken English. YES/NO

5 A team leader allocated overtime on the basis that staff working ‘after hours’
must be capable of reaching an emergency exit in less than two minutes.
YES/NO

6 Opportunities were offered in a horse racing stable to ‘staff able to ride

proficiently at a weight of less than eight stones’. YES/NO

You will have needed to think hard about some of these questions. The
answers are as follows.

1 This would be indirect discrimination against women, who are more likely to
have interrupted service through bearing and raising children, unless the
company could prove that its rule was vital, which is unlikely. Why not nine
years, or twelve years?

2 This practice would bear disproportionately on employees of Asian or Afro-

Caribbean origin and so is a form of indirect discrimination.

3 This requirement would not be discriminatory provided that it is a genuine

occupational requirement for the work to be done.

4 This could be indirect discrimination if fluent English was not a true

requirement of the job, assuming that there were native English speakers
within the workforce.

35
Session B

5 Although this practice could indirectly discriminate against disabled employ-

ees, it may have been introduced with safety in mind. Nevertheless, it could
be illegal discrimination.

6 It is essential for riders in such establishments to be ‘lightweights’. The

requirement (if applied to both sexes and all ethnic groups) would not
discriminate indirectly against any particular group since relatively few
members of any of them would be able to meet the two essential
requirements.

This Activity should have made you realize that you may need to look hard at
existing or proposed practices in your own workplace to check whether they
could be interpreted as illegal indirect discrimination.

6.3 Victimization
‘Victimization’ has a specific meaning under discrimination laws. To claim under
them that you have been victimized, you must be able to demonstrate that you
have been given less favourable treatment because:

䊏 you have brought proceedings under the law;

䊏 you have given evidence or alleged that discrimination has occurred.

3 mins
Activity 17

Give two examples of possible evidence of victimization under the anti-

discrimination laws. One example might be that a supposed ‘informant’ was
passed over for promotion.

Examples you may have chosen might include being:

䊏 assigned to less favourable or less rewarding work;

䊏 chosen for redundancy unfairly ahead of other employees;
䊏 denied opportunities for training;
䊏 disciplined without due cause;
䊏 ‘sent to Coventry’ by work mates;
䊏 dropped by union members from being a shop steward or safety
representative.

36
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