• MAGRATH LLP HUMAN RESOURCES UPDATE
    EMPLOYMENT EQUALITY REGULATIONS 2003 COME INTO FORCE
     
    The Employment Equality Regulations 2003 ("the Regulations") are now in force.
     
    The Regulations consist of the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Religion or Belief) Regulations 2003. The former came into force on 1 December 2003; the latter came into force today.
     
    The Sexual Orientation Regulations
     
    The Sexual Orientation Regulations apply to discrimination on grounds of orientation towards persons of the same sex, the opposite sex,  and the same and opposite sex (i.e., bisexuals). They cover discrimination on grounds of perceived as well as actual sexual orientation - for example, assuming somebody is gay or heterosexual when they are not. The Sexual Orientation Regulations also prohibit discrimination by association; in other words, where a person suffers discrimination because of the sexual orientation of the people with whom they associate.

    The Religion or Belief Regulation

    The Religion or Belief Regulations apply to discrimination on grounds of "religion, religious belief or similar philosophical belief". They cover discrimination on grounds of perceived as well as actual religion or belief - for example, assuming that somebody has or belongs to a particular belief or religion when in fact they do not. As with the Sexual Orientation Regulations, the Religion or Belief Regulations prohibit discrimination by association.

    The Sexual Orientation Regulations and the Religion or Belief Regulations apply throughout the employment relationship, and apply to recruitment, terms and conditions, pay, promotion, transfers and dismissals. They protect "workers" (rather than merely employees) and apply to all employers and businesses, regardless of their size, and whether they operate in the public or private sector.

    The Regulations apply across England, Scotland and Wales; separate Regulations are being introduced in Northern Ireland.

    It is now possible to make a complaint to an employment tribunal about discrimination, harassment or victimisation on the grounds of sexual orientation and religion or belief. Employers are, therefore, advised to review their existing policies and procedures, as well as their employees' terms and conditions of employment, to ensure that their employees/workers are not discriminated against, directly or indirectly, on these grounds