Orbitec International Limited T/A The Old Ship Inn is committed to ensuring
that it fulfils its obligations to operate fairly, justly and in accordance
with the laws
outlined below. In particular, no employee or potential employee shall
be discriminated against on grounds of gender, race or disability. Orbitec
extends the concept of equal opportunity to include discrimination on
grounds of religious or political beliefs or sexual orientation.
This policy is regularly monitored to ensure that the objectives are
achieved. It will be reviewed and, if necessary, revised in the light
of legislative or organizational changes.
There are a number of Acts of Parliament that deal with discrimination.
The following conveys an understanding of these laws and our obligations
under this legislation:
Sex Discrimination Act 1975
Race Relations Act 1976
Equal Pay Acts 1970 and 1983
Disability Discrimination Act 1995
Human Rights Act 1998
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Sex Discrimination Act 1975
The Sex Discrimination Act 1975 (SDA) makes it unlawful to discriminate
on grounds of sex or marital status in recruitment, promotion and training.
Direct sex discrimination occurs when a person of one sex is treated
less favourably on grounds of sex than a person of the other sex would
have been treated in the same circumstances.
Indirect sex discrimination can occur where a requirement or condition
is applied equally to men and women, but the proportion of one sex that
can satisfy the condition is much smaller than the proportion of the other
sex. Unless it can be proven that the condition is essential for the job,
indirect discrimination may have taken place. It has also been established
that discrimination against part-time workers may constitute indirect
discrimination against women because nationally, and in most organizations,
the majority of part-time workers are women. Restricting employment by
means of age limits is another possible instance of indirect discrimination.
The third type of discrimination covered by the Act is victimization.
This occurs when an individual is discriminated against because they have
exercised their rights under the Act.
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Race Relations Act 1976
The Race Relations Act 1976 (RRA) makes it unlawful to discriminate
on grounds of race, colour, nationality or ethnic or national origin.
This Act covers recruitment, promotion and training. The Act covers
direct discrimination, indirect discrimination and victimization. Examples
of indirect discrimination would include recruiting from sources, which
exclude areas of high settlement of minority ethnic groups or insisting
on British qualifications. Word of mouth recruitment in an organization
where people from ethnic minority communities are under-represented
would also constitute indirect discrimination.
Section 8 of the Asylum and Immigration Act 1996, which came into effect
on 27th January 1997 is also relevant. It deals with the issue of illegal
working and makes it a criminal offence to employ a person who is not
entitled to live or work in the United Kingdom. The act obliges employers
to check that new employees are entitled to live and work in the UK by
carrying out a number of checks before employment commences. The Commission
for Racial Equality has warned that employers should ensure that any changes
they make to their recruitment and selection procedure to comply with
the new act do not put them in breach of the Race Relations Act. In particular,
the CRE guidance states that employers should ensure that the checks (including
documentation requests and their retention) are carried out at the same
stage and in the same way for all applicants and without bias or discrimination
on the basis of their race, colour or ethnic background.
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Equal Pay Acts 1970 and 1983
The Equal Pay Act (1970) came into force originally at the end of 1975
and its purpose was to eliminate discrimination in pay between men and
women. It was amended in 1983 to include work of equal value and most
claims are now under this part of the Act. The Act allows an individual
to claim pay equal to that received by members of the opposite sex on
the grounds that they are doing:
Like work
Work rated as equivalent under a job evaluation scheme
Work of Equal Value - in terms of demands made under such headings as
effort, skill and decision-making
Claims can be pursued through the Employment Tribunal system.
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Disability Discrimination Act 1995
The employment sections of the Disability Discrimination Act came into
effect on 2nd December 1996. This Act operates in a similar way to the
Race Relations Act and the Sex Discrimination Act, but also places a
duty on an employer to make 'reasonable adjustments' to premises or
working practices to allow a disabled person to be employed.
The definition of disability is wide and includes physical disabilities,
sensory disabilities (visual or hearing impairment), learning difficulties,
mental health problems as well as progressive conditions such as Multiple
Sclerosis and Aids.
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Human Rights Act 1998
The Human Rights Act was incorporated into UK law on 1st October 2000
and is intended to implement the European Convention on Human Rights
in the UK. The latter outlines several issues, including rights to freedom
of thought, conscience & religion, the right to respect for private
and family life and in particular, ‘The enjoyment of the rights
and freedoms… shall be secured without discrimination on any ground
such as sex, race, colour, language, religion, political or other opinion,
national or social origin, association with a national minority, property,
birth or other status.’
In terms of recruitment it may outlaw discrimination on grounds of sexual
orientation, religious belief or possibly family circumstances in addition
to the types of discrimination discussed above.
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