What equality law means - Birmingham Disability Resource Centre

More documents

Recommendations

Info

normal retirement age objective justification objectively justified occupational health occupational health practitioner occupational health service occupational pension This is the retirement age at which, in practice, employees in a particular job and workplace would normally expect to retire. Normal retirement age can differ from the contractual retirement age. If it is under 65, it must be objectively justified. See objectively justified. This phrase is a shorthand way of referring to the legal test of objective justification, ie that the employer’s treatment of the worker must be a proportionate <strong>means</strong> of achieving a legitimate aim. The Act uses this test in several situations. For example, once a worker has proved that the employer has treated them unfavourably because of something arising from their disability, or that the employer has indirectly discriminated against them or that the employer has directly discriminated against them because of age, the employer can defend the claim by proving their treatment (i) is in order to achieve a legitimate aim, and (ii) is proportionate, ie appropriate and necessary. If there is a less discriminatory way of achieving the same aim, it should be adopted. See also proportionate. Occupational health has no legal meaning in the context of the Equality Act, but it can be used to refer to the ongoing maintenance and promotion of physical, mental and social wellbeing for all workers. The phrase is often used as a shorthand way of referring to occupational health services provided by the employer. A health professional providing occupational health services. This usually refers to doctors or nurses employed inhouse by an employer or through an external provider who the employer may ask to see workers and give medical advice on their health when workplace issues arise. A pension which an employee may receive after retirement as a contractual benefit. 95
occupational requirement office-holders palantypist past disability perception physical barriers physical features An employer can discriminate against a worker in very limited circumstances where it is an ‘occupational requirement’ to have a particular protected characteristic and the application of the requirement is objectively justified. There are two particular occupational requirement exceptions where employment is for the purposes of an organised religion or the employer has an ethos based on religion or belief, but very specific requirements need to be fulfilled. There are personal and public offices. A personal office is a remunerated office or post to which a person is appointed personally under the direction of someone else. A person is appointed to a public office by a member of the government, or the appointment is recommended by them, or the appointment can be made on the recommendation or with the approval of both Houses of Parliament, the Scottish Parliament or the National Assembly for Wales. Also known as 'Speech to Text Reporter'. A palantypist reproduces speech into a text format onto a computer screen at verbatim speeds for Deaf or hard of hearing people to read. A person who has had a disability as defined by the Equality Act. This refers to a belief that someone has a protected characteristic, whether or not they do have it. Discrimination because of a perceived protected characteristic is un<strong>law</strong>ful. The idea of discrimination because of perception is not explicitly referred to in the Equality Act, but it is incorporated because of the way the definition of direct discrimination is worded. A physical feature of a building or premises which places disabled people at a substantial disadvantage compared to non-disabled people when accessing goods, facilities and services or employment. See also physical features. Anything that forms part of the design or construction of a place of work, including any fixtures, such as doors, 96
Page 1 and 2:
5. What equality law means for you
Page 3 and 4:
Protected characteristics and disci
Page 5 and 6:
Introduction This guide is one of a
Page 7 and 8:
The legal status of this guidance T
Page 9 and 10:
What els e is in this guide This gu
Page 11 and 12:
• You must not do something which
Page 13 and 14:
In addition, to make sure that a di
Page 15 and 16:
Positive action ‘Positive action
Page 17 and 18:
Sometimes the reasons for taking ac
Page 19 and 20:
What's next in this guide The next
Page 21 and 22:
Sleeping accommodation In certain c
Page 23 and 24:
Reasonable adjustments and disabled
Page 25 and 26:
Sex discrimination and dress codes
Page 27 and 28:
• provide a way for workers to ap
Page 29 and 30:
For example: The male worker who co
Page 31 and 32:
It will benefit your organisation t
Page 33 and 34:
The unwanted behaviour does not hav
Page 35 and 36:
• If the person carrying out the
Page 37 and 38:
Harassment by people who work for y
Page 39 and 40:
■ Describe any training/other res
Page 41 and 42:
Possible ways to make sure your sta
Page 43 and 44:
When you can be held legally respon
Page 45 and 46: When you or your workers or agents
Page 47 and 48: Good practice tip for how you and y
Page 49 and 50: What happens if you try to stop equ
Page 51 and 52: It is advisable for you to discuss
Page 53 and 54: This does not, however, mean asking
Page 55 and 56: Are disabled people at a substantia
Page 57 and 58: For example: An employer has recrui
Page 59 and 60: When deciding whether an adjustment
Page 61 and 62: Reasonable adjustments in practice
Page 63 and 64: • Giving, or arranging for, train
Page 65 and 66: • Participating in supported empl
Page 67 and 68: If the worker does not agree to you
Page 69 and 70: 4. What to do if someone says they
Page 71 and 72: Make it clear what will happen if,
Page 73 and 74: A job applicant can send you the qu
Page 75 and 76: If a person brings a claim after th
Page 77 and 78: • making public the selection cri
Page 79 and 80: 5. Further sources of information a
Page 81 and 82: British Retail Consortium (BRC): Th
Page 83 and 84: Website: www.eef.org.uk Telephone:
Page 85 and 86: Website: www.hse.gov.uk Telephone:
Page 87 and 88: TUC - the Trades Union Congress (En
Page 89 and 90: association, by auxiliary aid auxil
Page 91 and 92: unfavourably because of something a
Page 93 and 94: equality clause equality policy equ
Page 95: legally recognised as 'civil partne
Page 99 and 100: the birth, and is linked to materni
Page 101 and 102: questions procedure race rated as e
Page 103 and 104: at a huge disadvantage before an em
Page 105 and 106: contract worker. In employment law,
Page 107: This guide is one of a series writt
show all

What equality law means - Birmingham Disability Resource Centre

Create successful ePaper yourself

Delete template?

Save as template?