No Discrimination is Practised

What you must do - law 2

Direct Discrimination

  • This is when one person is treated less favourably than another of a different gender, disability, sexual orientation, marital status, pregnancy status, race, colour, religion or belief, nationality or national or ethnic origins, nature of employment contract or age, because of the differing characteristic.
  • Discrimination can include: setting different questions at interview (e.g. only asking women about their domestic commitments or asking intrusive questions only to people believed to be gay); instructing employees to discriminate; assuming that certain work is unsuitable for someone (e.g. not allowing female workers to work in a packaging unit because it is believed that they are not capable).
  • The regulations also apply to access to training and promotion.

Indirect Discrimination

  • This is when the same conditions or practices are imposed on all workers and employees; with the result that one group is adversely affected more than another.
  • An example of indirect discrimination is the refusal of an employer to allow a woman to go part time or job share after returning from maternity leave.

Equal pay for equal work

  • EU law mandates equal pay for work of equal value, binding on all member countries, including the UK.
  • This is defined not just as the same job, but jobs that involve, for example, the same level of effort, skill and decision-making.
  • This also includes non-contractual benefits such as holiday entitlement.
  • There must be a ‘material difference’ in the jobs in order for there to be a difference in pay. This can include a difference in required qualifications, or even the workers’ job performance. This does not include length of service.
  • Employers must ensure that employees and workers, who do the same job, or jobs of a comparable nature, are paid the same regardless of any of the factors listed above.
  • If a worker asks for information regarding their pay band and how the pay level is calculated, the employer must provide all relevant information. If they do not a tribunal can infer that there is unequal pay at the workplace.

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