Useful Terms - diversity in the workplace
Age
Equality Act 2010
View the full Equality Act 2010 (external website)
The Act, which came into force in October 2010, extends the banning of age discrimination in the workplace by outlawing unjustifiable age discrimination against people aged 18 and over where goods are bought and services provided, for example, in shops, hospitals and when buying financial products. Beneficial age-based treatment such as in relation to free bus passes for over-60s will still continue along with discounts for pensioners.
The Act extends the duties of the public sector to cover age, making age discrimination unlawful in terms of the access to employment, and the provision of goods, facilities and services. It places a legal duty on public bodies to consider the needs of all ages when designing and delivering services ensuring that public bodies consider the needs of children, teenagers and younger and older adults. Different provisions are due to come into force at different times, for example, the public sector equality duty is expected to come into force in April 2011, and provisions related to age protection outside of the workplace are due to come into force in April 2012.
Further information on the Equality and Human Rights Commission website
Bullying
Persistent, offensive, intimidating, malicious or insulting behaviour, abuse of power or unfair penal sanctions, which make the recipient feel upset, threatened, humiliated, or vulnerable, which undermines his/her self confidence and which may cause him/her to suffer stress. (Amicus)
Burden of proof
now requires that once a person has established facts, which in the absence of any other explanation, indicate that discrimination, harassment or victimisation has taken place the employer has to show that discrimination did not, in fact, take place.
Carers
Under legislation, including the Carers and Disabled Children Act 2000, Carers (Equal Opportunities) Act 2005, The Employment Act 2002, carers aged 16 or over who provide a regular and substantial amount of care for someone aged 18 or over have the right to an assessment of their needs as a carer which must take into account the carer’s outside interests - work, study or leisure.
If a person has parental responsibility for a disabled child, their needs as a carer will be assessed as part of a family needs assessment in context of the carer’s outside interests. The carer does not need to be the mother or father of the child.
Working parents of children aged 16 or under or disabled children under 18 or those who care for an adult who is a relative or lives at the same address as the carer, have the right to request flexible working arrangements.
Carers also have the right to take (unpaid) time off work for dependants in cases of emergency.
Returning to work after being a carer may have an impact on any entitlements and benefits received as a carer. Hours worked, pay and benefits received and savings will be taken into consideration.
Under the Equality Act 2010, carers are now protected against discrimination by association. If caring for a disabled child or relative they are now protected by virtue of their association with that person.
UKCAE Members Library
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