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
Wood Dale Chicago prom limo .. Lockport Chicago limo O’HareThe prosecutors in the Martha Stewart Case used testimony from... Read More
The most exciting event in Slovenia last week was when... Read More
When you look at the news, immigrants are dying trying... Read More
In his bid for the presidency, John Kerry pronounced a... Read More
Government budgets represent between 25% and 50% of he Gross... Read More
Where are all the high-speed trains we were promised? Where... Read More
Since the United States Government is promoting the whistle blower... Read More
ADOLF HITLER:The common perception of Hitler being large and in... Read More
Ted Stevens (R-Alaska), chairman of the Senate Commerce Committee, has... Read More
With elections on the horizon and Blair looking tired and... Read More
"Rugged individualism" is actually a euphemism for Thomas Hobbes' baseless... Read More
The number of countries in the world at the moment... Read More
All to often law makers and regulators create rules and... Read More
We have read about the unemployment rate being high. Really... Read More
It appears we are getting a little bit of Sun... Read More
Mexican has tariffs on goods, which come into its country... Read More
Is it just me or are you concerned that illegal... Read More
Each day the present geo-political reality confirms what The Tribulation... Read More
I'm starting to feel squeezed by all the political correctness... Read More
As we reel from the news of the recent bombings... Read More
History repeats itself, goes the cliche. It does so, perhaps,... Read More
We are told by out leadership that we risk loss... Read More
I propose a special Projection Device code-named: "TIPED". This system... Read More
1) IS HAVING A DEMOCRACY MORE EFFECTIVE IN ADDRESSING POLITICAL... Read More
The United States has enemies, which call the country the... Read More
Antigo wedding limo ..Many in the peanut gallery of society are so quick... Read More
The offshore financial centres have been forced in recent years... Read More
Why is it that every single thing government does; it... Read More
Where are all the high-speed trains we were promised? Where... Read More
Rational, sober, logical citizens wonder what exactly the terrorists want.... Read More
Japan lit its candles of pure, "noble sadness" on the... Read More
Legislation was introduced into Congress this week that would establish... Read More
Iran's objection to ratifying the International Atomic Energy Agency's Additional... Read More
Why President Bush should have his second term? The arguments... Read More
We presently have adequate sniffer devices in this country to... Read More
It is amazing we have so many men, who belong... Read More
Roberto Calvo Macias, a young author and thinker from Spain,... Read More
Many very nice and loving homosexual male couples want to... Read More
Is the only way to fight Fundamentalist Extremists becoming one... Read More
With the recent threats from Bin Laden and Al Queda... Read More
One way to increase evaporation in the ocean might be... Read More
Judgment and detective work requires thinking about possibilities. One of... Read More
What has really changed in the housing market with regards... Read More
The plight of whistleblowers ? those employees who sound the... Read More
I would like to pose a question. I am unsure... Read More
In the most rewarding new industries, there is often a... Read More
Last week, the media coverage called the airplane crash in... Read More
Every conflict has its economic moments and dimensions. The current... Read More
UNAUTHORIZED HACKINGThe term "computer hacking" traditionally describes the penetration into... Read More
I am not an African-American. Don't call me an African... Read More
Political |