Appendix A - Guide to equality legislation

This section sets out a brief guide to equality legislation that applies to both public authorities and private organisations that provide services on behalf of public bodies.

Civil Partnerships Act 2004

Provides legal recognition and parity of treatment for same-sex couples and married couples, including employment benefits and pension rights.

Disability Discrimination Act 1995

Prohibits the discrimination of disabled people in employment, the provision of goods, facilities and services or the administration or management of premises.

Disability Discrimination Amendment Act 2005

Introduces a positive duty on public bodies to promote equality for disabled people.

Public authorities must carry out their functions with due regard to the need to:

• Promote equality of opportunity between disabled people and other people
• Eliminate discrimination that is unlawful under the Act
• Eliminate harassment of disabled people that is related to their disability
• Promote positive attitudes towards disabled people
• Encourage participation by disabled people in public life and
• Take steps to take account of the disabilities of disabled people even where that involves treating disabled people more favourably than other people.

There is also a specific duty on public authorities to publish a Disability Equality Scheme setting out how the organisation intends to meet the general duty and to review this Scheme every three years.

Employment Equality (Age) Regulation 2006

This Regulation protects workers, employees, job seekers and trainees against discrimination on grounds of age in employment and vocational training. The Regulations cover recruitment, terms and conditions, promotions, transfers, terminations and training. 
It prohibits direct and indirect discrimination, victimisation, harassment and instructions to discriminate.

Employment Equality (Religion or Belief) Regulation 2003

The Regulation protects against discrimination on the grounds of religion and belief in employment, vocational training, promotion and working conditions.

The Employment Equality (Sex Discrimination) Regulations 2005

Introduces new definitions of indirect discrimination and harassment, explicitly prohibits discrimination on the grounds of pregnancy or maternity leave and sets out the extent to which it is discriminatory to pay a woman less than she would otherwise have been paid due to pregnancy or maternity issues.

Employment Equality (Sexual Orientation) Regulation 2003

The Regulation protects against discrimination on the grounds of sexual orientation in employment, vocational training, promotion, and working conditions.

Equal Pay Act 1970 (Amended)

This gives an individual a right to the same contractual pay and benefits as a person of the opposite sex in the same employment, where the man and the woman are doing: like work; work rated as equivalent under an analytical job evaluation study; or work that is proved to be of equal value.

Equality Act 2006

The Equality Act 2006 has three key elements.

1. It establishes a single Equality and Human Rights Commission in October 2007 that replaces the three existing commissions.
2. It introduces a positive duty on public sector bodies to promote equality of opportunity between women and men and eliminate sex discrimination.  Specific duties include publishing a Gender Equality Scheme including equal pay policies in consultation with employees and stakeholders, monitoring progress and publishing progress reports every three years and carrying out and publishing gender impact assessments on policies and practices.
3. It protects against discrimination on the grounds of sexual orientation, religion or belief in terms of access to good facilities and services. This includes refusing to provide a person with goods, facilities or services if they would normally do so to the public or to a section of the pubic to which the person belongs and providing goods, facilities or services of an inferior quality to those that would normally be provided or in a less favourable manner or on less favourable terms than would normally be the case.

Gender Recognition Act 2004

The purpose of the Act is to provide transpeople with legal recognition in their acquired gender. Legal recognition follows from the issue of a full gender recognition certificate (GRC) by a gender recognition panel. These regulations make it an offence for public bodies and officials to disclose information acquired in their official capacity about the gender history of a person holding a GRC. The holder of a GRC is not obliged to inform their employer that they hold a GRC, but if they do so the employer is obliged to hold this as protected information.

Human Rights 1998

The Articles that need to be considered are 2-14 which concern the following rights:

2 Right to life
3. Prohibition of torture
4. Prohibition of slavery and forced labour
5. Right to liberty and security
6. Right to free trial
7. No punishment without law
8. Right to respect for private and family life
9. Freedom of thought, conscience and religion
10. Freedom of expression
11. Freedom of assembly and association
12. Right to marry
14. Prohibition of discrimination, and states that the enjoyment of the rights and freedoms set out in the European Convention on Human Rights shall be secured without discrimination on the grounds of sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Race Relations Act 1976

The Act prohibits discrimination on racial grounds in the areas of employment, education, and the provision of goods, facilities, services and premises.

Race Relations Amendment Act 2000

Places a general statutory duty on all public bodies to promote equal opportunity, eliminate racial discrimination and promote good relations between different racial groups. There is also a specific duty on public bodies to publish a Race Equality Scheme setting how the organisation intends to meet the general duty and to review this Scheme every three years. Other specific duties include:

• Assessing & consulting on the likely impact of proposed policies relating to the promotion of race equality
• Monitoring policies for any adverse impact relating to the promotion of race equality
• Publishing the results of any assessments, consultations and monitoring
• Ensuring public access to information and services provided
• Training staff on the Race Equality Duty.

Race Relations Act 1976 (Amendment) Regulation 2003

Introduces new definitions of indirect discrimination and harassment, new burden of proof requirements, continuing protection after employment ceases, new exemption for a determinate job requirement and the removal of certain other exemptions.

Racial and Religious Hatred Act 2006

The Act seeks to stop people from intentionally using threatening words or behaviour to stir up hatred against somebody because of what they believe.

Rehabilitation of Offenders Act 1974

Allows people to start with a clean slate for some convictions after a certain period of time, but provides exceptions to this general principle.

Sex Discrimination Act 1975

The Act makes it unlawful to discriminate on the grounds of sex. Sex discrimination is unlawful in employment, education, advertising or when providing housing, goods, services or facilities. It is unlawful to discriminate because someone is married, in employment or advertisements for jobs.

The Sex Discrimination (Gender Reassignment) Regulations 1999

The Act seeks to prevent sex discrimination relating to gender reassignment. It clarified the law for trans people in relation to equal pay and treatment in employment and training.

Statutory Instruments

• Working Time Regulations 1998
• Maternity and Parental Leave Regulations 1999
• Part-Time Workers (Prevention of Less Favourable treatment) Regulations 2000
• Fixed Term Workers (Prevention of Less Favourable Treatment) Regulations 2002
• Paternity and Adoption Leave Regulations 2002
• Equal Treatment Directive (Amendment) Regulation 2002

The legislation on race, disability and gender requires public authorities to eliminate discrimination and harassment, to promote equality, to promote good relations between different groups and to involve disabled people in all activities, including employment, policy development, service provision, procurement, commissioning, performance management, organisational design and delivery. It is good practice to take a similar approach to sexual orientation, religion or faith or none and age, which has been done by the Home Office and the Ministry of Justice.

The Parole Board for England and Wales

Grenadier House, 99-105 Horseferry Road, London, SW1P 2DX

Telephone 0845 251 2220