Authors: Bob Hepple, Tufyal Choudhury, Mary Coussey
ISBN-13: 9781841131597, ISBN-10: 1841131598
Format: Paperback
Publisher: Hart Publishing (UK)
Date Published: July 2000
Edition: (Non-applicable)
The need for a legislative framework for ensuring equality of opportunity is not seriously questioned in the UK. However, despite the presence on the Statute book of various significant pieces legislation dating back to the mid- 1970s, there remain deep-seated structural disadvantages which blight the lives of many women, Black and Asian people, and disabled persons. Barriers can also be found in public services, including the presence of institutionalized racism in the police, and in private sector organizations. There are also insistent demands for the extension of legislation to cover discrimination on other grounds such as religion, age and sexual orientation. Discriminatory behavior cannot be remedied by legislation alone, or simply by the actions of government, courts and tribunals and Commissions. Political and social leadership, customer and peer pressure, the development of good practices and campaigning all have a crucial part to play. Employers, trade unions, social organizations and clubs, service providers and individuals all have to take voluntary action to achieve the goals of the legislation. The present acts are outdated, piecemeal and inconsistent, and fall short of the standards set by EU law, international human rights law, and the Human Rights Act. In writing this report, the authors set out to develop an accessible and cost-effective legislative framework for ensuring equality of opportunity, and to propose other measures which will promote equal opportunity policies and spur compliance with those policies. In the course of preparing the report they have considered experience in other countries. They conducted a survey of employers in Britain, Northern Irelandand the USA, which shows that human resource managers are looking for a new more inclusive approach not only to prevent discrimination but also to provide positively for the fair participation of all groups. These views, together with those of an advisory group drawn from government, the Commissions, and tribunals, as well as a panel of academic and practicing lawyers, form the backdrop to the recommendations contained in this report. It will be essential reading for all those interested in human rights, discrimination and employment law, and human resources management.
This review of UK anti-discrimination law and its enforcement highlights the shortcomings of existing laws and recommends measures to develop an accessible legislative framework and promote effective equal-opportunity policies. Chapters focus on the need for a new framework, harmonizing legislation and institutions, changing organizational policy and behavior, and making procedures and remedies more effective. Distributed by ISBS. No index. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Preface | ||
Acknowledgments | ||
Abbreviations | ||
Executive summary | ||
Recommendations | ||
Introduction: Aims and Methodology | 1 | |
Ch. 1 | Why a new framework is needed | 5 |
A | Challenges to the present framework | 5 |
B | The changing face of discrimination and disadvantage | 10 |
C | Changed social and employment practices | 16 |
D | Towards a new framework | 18 |
Ch. 2 | Harmonising legislation and institutions | 21 |
A | A single statute? | 21 |
B | Principles | 25 |
C | The concepts of equality and discrimination | 27 |
D | Justification of discrimination | 35 |
E | Harassment and bullying | 38 |
F | Grounds of discrimination | 41 |
G | Harmonising or merging the commissions | 51 |
Ch. 3 | Changing organisational policy and behaviour | 56 |
A | Regulatory strategies | 56 |
B | Duty on public authorities to promote equality | 59 |
C | Employment equity | 65 |
D | Pay equity | 72 |
E | Contract and subsidy compliance | 79 |
Ch. 4 | Making procedures and remedies more effective | 86 |
A | Specialisation and training | 86 |
B | Jurisdiction: employment appeal tribunal and county and sheriff courts | 90 |
C | Pre-hearing matters | 93 |
D | The hearing | 99 |
E | Time limits | 102 |
F | Remedies | 103 |
G | Costs | 108 |
H | Conciliation, mediation and arbitration | 109 |
App. 1 | Findings from employer case studies | 115 |
App. 2 | Legislation | 127 |
App. 3 | Comparison of legislation | 130 |
App. 4 | Consultations and interviews | 140 |
App. 5. Selected bibliography | 143 | |
App. 6 | Research team, advisory committee and panel of experts | 146 |
App. 7. Working papers | 147 |