Equal opportunities
Page 81
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by Douglas Ainley
THE RECOMMENDATIONS contained in the Equal Opportunities Commission Draft Code of Practice on Equal Employment Policies affect all employers.
The Code, perhaps unwisely, lays down standards for what "the best" rather than "the reasonable" employer should do and the Equal Opportunities Commission has not provided definite views on the meaning of the Sex Discrimination Act (SDA) — the Code merely gives "recommendations".
The Code's purpose is to help eliminate discrimination and promote equal opportunities in employment.
Unlawful sex discrimination at work covers both women and men (except for employment in private households or firms employing under five people, though even here the victimisation provisions apply). It can be: (1) Direct discrimination — less favourable treatment on grounds of sex.
(2) Indirect discrimination — applying a requirement which although theoretically could cover both sexes in practice limits the job to members of one sex only.
(3) Marital status discrimination — treating a married person less favourably than an unmarried person of the same sex.
(4) Victimisation — discriminating against an employee who has complained (to a tribunal) of unfair treatment.
Conversely, the Code emphasises that employers can take lawful positive action to encourage discriminatory training n favour of one sex in order to 'edress historical imbalances in he workforce.
The Code reminds employers )f the legal responsibilities of rnployment agencies. They ;annot discriminate in the ser/ices they provide potential job ipplicants. Agencies cannot folow discriminatory instructions rom employers nor cause liscriminatory advertisements o be published, unless the emiloyer can establish he falls vithin an exception to SDA. Here, agencies should get a written statement to that effect from the employer so that both the agency and the publisher will be legally protected.
Agencies are urged to consider the "total impact" of any advertisement and to ensure it is published in publications likely to reach both men and women. Similarly, agencies should provide training for their staff as to SDA requirements; report attempts at discrimination by employers; and inform applicants of their right to complain to tribunals.
Clearly employers who try to use agencies to bypass SDA do so at their peril.
The Code recognises that to formulate an effective equal opportunity policy, commitment from management, workforce and trades unions is essential.
Employers are urged to work closely with them and, where appropriate, an equal opportunity policy should be incorporated into any collective agreements, Every employer should have a written document detailing his policy and his procedures for handling discrimination which every employee should know and observe.
Successful implementation of the policy requires: (1) A senior manager with overall responsibility.
(2) Regular union consultation.
(3) Making employees aware of it.
(4) Giving training and guidance on the policy and on SDA to all staff particularly those having most contact with applicants and fellow-employees.
(5) Regular monitoring and, if necessary, revision of policy and practices.
(6) Analysis by job and grade of the distribution throughout the organisation of male and female staff, This information should be periodically updated.
Continual reviews of the policy could anyway stand employers in good stead before tribunals, especially if trades unions and employees are involved at all stages.