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Posted: 5th March 2008
Bishop found guilty of discrimination against gay Christian man    The Cardiff Employment Tribunal have ruled that the Bishop of Hereford acted unlawfully in not allowing the appointment of gay worker John Reaney to a job.  The Bishop has been ordered to pay out £47,000 with a further £50,000 likely to be required on costs.

The Bishop blocked John Reaney’s appointment to the post of Diocesan Youth Worker.  Mr Reaney was interviewed by a panel of 8 people for the post; however, a unanimous decision to appoint him was personally blocked by the Bishop.

The Tribunal ruling against the Bishop included £33,000 for loss of future earnings, and £7,000 damages specifically awarded for ‘psychiatric injury’.  At the Tribunal hearing, supported by Stonewall, it was noted that the Bishop had subjected John Reaney to a humiliating and offensive cross examination about his private life, to which a heterosexual would not have been submitted.

Posted: 5th March 2008
Discrimination by association as a carer                                           The Advocate General of the European Court of Justice (ECJ) has said that treating employees less favourably because of their caring responsibilities for disabled relatives is unlawful.  The Advocate General stated that a European Directive regarding equal treatment in employment prohibits ‘Disabilities discrimination by association’ and should apply to British law.  Potentially this could also mean carers of elderly relatives would have the same protection.

The background to the case was that Sharon Coleman, whose son, Oliver, had a rare condition affecting his breathing and was also deaf, brought the case claiming she was forced to resign from her job as a legal secretary after, she claimed, she was being harassed by her employers and had been refused flexible working.  Her belief was that she was specifically targeted because she had a child with a disability, and was denied the flexible working arrangements offered to her colleagues without disabled children. 

The opinion is likely to be approved by the ECJ later in 2008: the implications are that it could mean that millions of workers who care for disabled people will be able to claim discrimination damages if their employer treats them less favourably then non-carers.

Posted: 5th March 2008
£37m more to avoid employment tribunals                                         £37m extra is being given to ACAS over the next 3 years as part of a new approach to simplify the dispute resolution system.  The aim is to speed up workplace dispute procedures and reduce the need for employment tribunals.  The thinking is summed up in a comment made by Employment Relation’s Minister Pat McFadden: ‘We want to move from the current overly rigid and legalistic process to one where there is more conciliation between employers and employees.  This new system will strike a balance between ensuring that workers can protect their rights through employment tribunals while helping them resolve disputes as early as possible.’

It should be noted the Employment Bill, which is going through Parliament, proposed that fixed periods for conciliation after a claim is made to the tribunal are removed, enabling ACAS to get involved at any time until the Tribunal reaches its verdict.

Posted: 5th March 2008
Fire services fail on diversity targets                                                The Audit Commission has criticised Fire Services in England for falling short in recruiting women or people from ethnic minorities.  The Audit Commission have produced a report that provides a snap-shot on the running of the 46 fire authorities in England, and notes: ‘No Fire Service demonstrates good practice in its approach to equality and diversity, so senior managers and fire authority members need to improve their leadership in this area.’

According to the report, 3% of fire fighters come from black and minority ethnic communities, and fewer still are women.  Government targets are 7% for ethnic minority staff and 15% women fire-fighters by next year.  The Audit Commission sums up its concerns with the words: ‘The lack of a diverse workforce remains a major issue because it significantly reduces the service’s ability to reach out and educate different communities about the risks from fire.  It also reduces the accessibility of the service to minority communities.

Posted: 8th September 2007
European Commission launches public consultation on new anti-discrimination measures                                                                  The European Commission has launched an online consultation on combating discrimination in Member States and at EU level. The public consultation is intended to help the Commission plan new measures to tackle discrimination on the basis of gender, religion, belief, disability, age or sexual orientation in areas beyond the job market: ‘We want to hear the views of as many people as possible on how to take on discrimination effectively in areas such as health care, education and housing,’ said Vladimir Spidila, Commissioner for Employment, Social Affairs and Equal Opportunities. The background to this initiative is that a study of national anti-discrimination laws carried out for the Commission in 2006 concluded that all Member States have legal rules going beyond what is already required by European Law – the Race Equality Directive and the Employment Equality Directive. However, there is a considerable variation to the type of rules in place and their scope. Higher protection tends to be granted against discrimination on the grounds of religion and sex, whilst discrimination  on the grounds of sexual orientation, disability and age is less covered outside the field of employment.
Posted: 8th September 2007
Women: Challenge for the Civil Service
The Commission for Equality and Human Rights comes into existence next month, and one of its many challenges will be to address the issue of fairness in public sector employment. One immediate issue is that the Employment Tribunal Service says the number of discrimination cases is rising, with last year sexual discrimination claims up 22%, and racial discrimination cases increasing by 24%. One area of concern is performance at the centre of Government in the Civil Service. Recent information from the Office of National Statistics shows that only 480 female civil servants earn more that £75,000 per annum but more than 1,600 men have salaries above this level. The pattern continues lower down the pay scale. Twice as many men as women earn over £40,000, about 21,450 men earn £30-35,000 compared to fewer than 9,000 women. The key issue is that men are disproportionately more likely to make it to the Senior Civil Service, and there are twice as many men than women in the feeder grades, so that there is a smaller pool of senior female managers to start with. Although, well over a third of staff in the service are female, only 16% of senior civil servants in the Foreign and Commonwealth Office, and 13% in the Ministry of Defence, are women.
Posted: 8th September 2007
DRC attacks Government plans for single equalities legislation
The Disability Rights Commission (DRC) has mounted a strong attack on the Green Paper on the future framework for the single equalities legislation.

The DRC's main criticisms  of the Green Paper rest on:

  • The threatened dilution of recently enacted duties on public sector bodies to promote disability, race and gender equality.
  • The failure of the Green Paper to simplify the legal process to make it easier for people suffering discrimination to have their claims heard and for the lack of effective legal measures against persistent discrimination
  • The continued exclusion of ships and planes from equal access legislation, with the result that disabled people continue to receive unfair treatment. 

The DRC says: 'the Green Paper fails to measure up - either to the remit it was set or the reality of continued inequality and discrimination in Britain today.' The DRC is calling for the Green Paper to be turned into a draft bill to ensure proper Parliamentary scrutiny. For more information visit the DRC website http://www.drc.org.uk

Posted: 8th September 2007
Dyslexia can be classed as a disability
As reported by the CIPD, a Metropolitan police officer has won a landmark ruling, finding that dyslexia can be classed as a disability. The Employment Appeals Tribunal ruled that Chief Inspector David Patterson could be called a disabled person under the Disability Discrimination Act 1995, because his dyslexia had led to 'a substantial impairment' in his career progression. An Employment Tribunal had earlier ruled that Patterson was not disabled under the Act because his dyslexia did not have 'a substantial adverse effect on his ability to carry out normal day-to-day activities.' Patterson joined the Metropolitan Police in 1983, and in 2004 found out that he was dyslexic. He has accused the Force of discriminating against him because of his condition, particularly in the processes for deciding on promotion. Patterson's case will now return to an Employment Tribunal hearing to decide whether he was discriminated against.
Posted: 23rd January 2007
Law Society and reform of Legal Aid
The Law Society in its contribution to the future of Legal Aid debate held in Westminster Hall on 11 January backs the findings of MDA's research into the impact of price competitive tendering on BME (Black and Minority Ethnic) communities and suppliers of legal aid services. The Law Society believes that the Carter proposals for the reform of legal aid will have the potential to impact adversely and disproportionately on such communities as a result of the prediction that there will be significant contraction in the supplier base. The reforms are likely to impact smaller firms, a disproportionate number of which are BME owned and controlled solicitor firms. The Law Society supports MDA's conclusion that this will restrict access to justice for BME clients and could potentially lead to greater social exclusion of individuals from black and minority ethnic backgrounds. For more information on this news item go to: www.lawsociety.org.uk
Posted: 8th November 2006
WiTT: Women in Telecoms and Technology
WiTT is an informal networking group focused on educating and enhancing women's careers, primarily in the telecoms industry, by sharing experiences and lessons learnt in members' career development. Members meet monthly and include business women at all stages in their careers in organisations spread across the telecoms industry. MDA supports the work of WiTT. Further information on WiTT available at www.wittgroup.org
Posted: 8th November 2006
Vienna Conference: Codes of Conduct as an Example
Equinet is the European network of Equality bodies in Europe. Equinet develops co-operation and facilitates information exchange to THE Equality Agencies across Europe to support the implementation of EU Anti-Discrimination Law and the levelling up of legal protection for victims of discrimination. As part of its work, Equinet arranges conferences/seminars: The latest one is concerned with looking at how Codes of Conduct can move the diversity agenda forward. An MDA representative will be a keynote speaker at the conference. Further information on the conference and its content is available from beckyking@mdaglobal.net
Posted: 8th November 2006
Music Manifesto Report Number 2
Music Manifesto Report Number 2, just published with further information available at www.musicmanifesto.co.uk The Music Manifesto is an exciting initiative with the main thrust of the second manifesto arguing that everyone involved in music education should work together to provide the framework and focus needed to deliver a universal music education to all children. MDA plays a role in supporting the work of the Music Manifesto. Further information about the work of the initiative can be obtained from Kaylee Coxall on 020 7306 4121 or musicmanifesto@hotmail.com
Posted: 8th November 2006
Legal Services: Lord Carter's review
Lord Carter's review is continuing to have an impact on the legal profession. The wide ranging changes outlined in the review will impact significantly on the work of parts of the legal profession across the country. Particular concerns have been expressed about the possible impact of the proposals in terms of black and minority ethnic solicitors firms. Relevant here is the research recently competed by MDA for the Legal Services Commission into the impact of the competitive proposals on black and minority ethnic (BME) solicitors firms. Lord Carter of Coles who has undertaken a review of legal aid procurement has welcomed MDA's report which he says brings into sharp focus some of the important issues for the legal profession and the government to consider, as work continues to ensure that providers of legal services recognise and respond to the diverse needs of clients across England and Wales. The report is available here. For further information please contact sallygrubb@mdaglobal.net
Posted: 8th November 2006
Age Discrimination
Age Discrimination Regulations have now been issued and came into force on 1 October 2006. Recent research by the DTI shows that 80% of UK organisations are not training or informing their staff about this new legislation. Is your organisation ready to meet the challenge of the new law on age discrimination? Have you examined your policies and recruitment, retirement and pensions pay and benefits to see whether they discriminate on grounds of age, either directly or indirectly? Do you need good practice training for your staff or other guidance? Contact MDA to hear more about how we can help you in this area.
 
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