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Friday, 04 July 2008
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Employment Law

3. Discrimination

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3.1 It is illegal to treat someone less favourably on the basis of their race, sex, age, disability, sexual orientation, religion, philosophical belief, membership or non-membership of a trade union, marital status (including same sex civil partnerships), pregnancy, childbirth or care responsibilities or part-time status.

  • You can have a normal retirement age (which must be at least 65), but must consider requests from employees who want to continue working beyond this.

3.2 Requirements or conditions of employment should not discriminate against any group.

  • Do not advertise or ask interview questions in a manner that discriminates.

3.3 Men and women are entitled to equal pay for similar work, or work of the same value.

  • Promotion and training opportunities must also be non-discriminatory.

3.4 Positive discrimination (eg in favour of women) is also likely to be illegal, because it is discriminating against someone else.

Training may be an exception.

3.5 You can be responsible for discrimination practised by employees, including sexual harassment or racial abuse.

3.6 Employment tribunals can award unlimited compensation to victims of discrimination.

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