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
bathroom cleaning service Northbrook ..In an age of terrorism, guerilla and total warfare the... Read More
Many environmentalists are against roads through the forest because it... Read More
Tax Evasion has been used to criminalize many, Nixon did... Read More
As pictures and videos surface showing young American soldiers humiliating... Read More
Capitalism as the social structure was founded in order to... Read More
I just got done reading a series of articles dating... Read More
Do you really want to get ahead in your life?... Read More
As we increase our populations every new soul will require... Read More
Many are very impressed with the NIMA (National Imagery and... Read More
Ohio's transportation sector seems to be strong, even with Ohio's... Read More
Many MLM sales people mean well but they inadvertently commit... Read More
I hear it all the time; you can't say that.... Read More
We are seeing some trade wars brewing as American trade... Read More
The No Child Left Behind can work if the Federal... Read More
There are many types of fuels besides that gasoline we... Read More
Many very nice and loving homosexual male couples want to... Read More
Those who are above the law or act as such... Read More
User BaseThe non-US and non-English Web segments have been boosted... Read More
There is no doubt in hindsight that Sarbanes Oxley was... Read More
With people living longer we have some problems as those... Read More
With elections on the horizon and Blair looking tired and... Read More
Many are condemning the latest GM Terminator seeds. Yet there... Read More
Recently a friend insisted that I read a book by... Read More
This is a thought on the study of Home and... Read More
A quick look back at NAFTA; how did we do?Stabilizing... Read More
insured cleaning company Wilmette ..Wealth Distribution is often discussed at length in periodicals such... Read More
According to a postulate made by Ignacio Ramonet ecological resources... Read More
1) IS HAVING A DEMOCRACY MORE EFFECTIVE IN ADDRESSING POLITICAL... Read More
IN A DAY AND AGE where one voice screaming among... Read More
"Rugged individualism" is actually a euphemism for Thomas Hobbes' baseless... Read More
Legislation was introduced into Congress this week that would establish... Read More
All to often law makers and regulators create rules and... Read More
Pierre Dupont de Nemours:After arranging the Armistice that ended or... Read More
I. OVERVIEWIn the wake of the September 11 terrorist attacks... Read More
The first reaction of economies in transition is a sharp... Read More
Since the court case was over turned against Arthur Anderson... Read More
Tulipmania - this is the name coined for the first... Read More
There is debate about the methodology of forestry and also... Read More
PolicyFederal Fair Housing accessibility requirements for new multifamily buildings should... Read More
Yes, Bush is two-faced. The two sides of the faces... Read More
Since the United States Government is promoting the whistle blower... Read More
You know we have sent many, many army tanks with... Read More
I was dismayed to learn the other day, that my... Read More
The steel tariff taxes a few years ago hurt industry... Read More
As you know Delta Airlines is close to bankruptcy. Their... Read More
Many had made mention of the problems of business opportunities... Read More
Do you find it interesting that people complain about the... Read More
Reform Social Security has been talked of Capital Hill for... Read More
As more and more cities and states set up websites... Read More
The number of countries in the world at the moment... Read More
Political |