Discrimination

 

 

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Preventing direct or indeirect discrimination within the workplace

   
Whether you intend to employ a person into your company or already have a number of employees working for you, it is important to recognise how to avoid and prevent discrimination from occurring.  

Direct Discrimination
T
his is where you openly treat any sector of the community less favorably than you may to others. For example, you may state in a job advertisement that men are only welcome to apply for a particular job vacancy, or you may refrain from interviewing people who are black. Both of these example is an open indication of direct discrimination 

Indirect Discrimination
Indirect discrimination is where a company might place an unnecessary condition or requirement on a particular job to prevent certain members of the community from applying.  For example, placing height restrictions on a job which doesn't require height to perform; stipulating  that only people who can speak clear fluent English where the job does not require verbal communication, can be seen as indirectly placing prejudicial conditions on a particular job.

Once you are aware of the difference you should also be aware where discrimination can occur:
  • When advertising for a job vacancy
  • When offering or determining who is offered employment
  • When offering access to company facilities or company benefits
  • When dismissing a person from your company


here are Four Acts which focus on discrimination, and cannot be ignored by any employer large or small. They are:
  • The Sex Discrimination Act 1975
  • The Equal Pay Act 1970
  • The Race Relations Act 1976
  • Disability Discrimination Act 1995 (applies to companies with 15 or more employees)

Amendments have recently been made to both the Equal Pay act (1984) and The Sex Discrimination Act (1986)

Consequences of Discrimination 

If you, as an employer, are found to be guilty of discrimination by an Industrial Tribunal under whatever act:

  • The Tribunal will make recommendations for steps to be taken in your company to remedy the situation
  • You, as an employer, will be ordered to pay compensation to the complainant for loss and injury suffered as a consequences of the discrimination which has occurred, this could be a significant amount of money.  

No matter how large or small your business is, good working relationship with all your employees should be strived for - it's just good business practice!

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Last updated: January 07, 2002.