this equipment was donated by thompsons solicitors update on equality law: are we catching up?...
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This equipment was donated by Thompsons solicitors
Update on Equality Law: Are We Catching Up?Wednesday 5th December 2007
Preventing Sexual Orientation Discrimination
Prof Mark Bell
Centre for European Law and Integration
[email protected] of Employment Rights Equalities Update Wednesday 5th December 2007
Claims at TribunalSource: Employment Tribunal Service, Annual Statistics 2006-2007
http://www.employmenttribunals.gov.uk/publications/publications.htm
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
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500
1000
1500
2000
2500
3000
3500
4000
4500
Sex Or Religion Age Race
2005/06
2006/07
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
What happens to these claims?
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5
10
15
20
25
30
35
40
45
W/draw ACAS Won Lost
Sex Or
Race
% of all claims, ETS Statistics, 2006-07
• Almost no litigation beyond ET• Lewis v HSBC (EAT, 2006)• ACAS research:• bullying & harassment dominate amongst
experiences of discrimination• ‘the experience of pursuing a claim was
generally a negative one’
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
Profile of litigation
Key issues
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
•Amicus – MSF [2004] IRLR 430•Reaney v Hereford Diocesan Board of Finance [2006]
•Available from: http://www.emplaw.co.uk/load/4frame/data/hereford.htm
•Civil Partnership Act 2004: workplace benefits must be available equally to married couples & civil partners
•Case 267/06 Maruko
Legislative reform: Equality Act 2006 and beyond
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
• Equality and Human Rights Commission• Equality Act (Sexual Orientation) Regs 2007
– Goods, facilities, services; disposal of premises; education; any functions of a public authority
• Discrimination Law Review– Extension of the duty to promote equality to cover
sexual orientation? • 2008:
– EU Commission will propose a Directive on discrimination outside employment including sexual orientation
Institute of Employment Rights Equalities Update Wednesday 5th December 2007
Prof. Mark Bell
http://www.le.ac.uk/law/staff/mb110.html
Further information
• B Savage, ‘Sexual orientation and religion or belief discrimination in the workplace’ ACAS Research paper 01/07.
• A Denvir, A Broughton, J Gifford and D Hill, ‘The experiences of sexual orientation and religion or belief discrimination employment tribunal claimants’ ACAS Research paper 02/07.
• B Fitzpatrick, ‘Sexual orientation and religion or belief cases’ (TUC, 2007) p. 35: <http://www.tuc.org.uk/extras/SORBreport.pdf>.
• F Colgan, C Creegan, A McKearney and T Wright, ‘Lesbian, gay and bisexual workers: equality, diversity and inclusion in the workplace’ (Comparative Organisation and Equality Research Centre, London Metropolitan University, 2006): <http://www.workinglives.org/docs/ESF_LGB_Report_5_June_2006.pdf>.
Institute of Employment Rights Equalities Update Wednesday 5th December 2007