Meeting documents

Cabinet
Wednesday, 1st March, 2006

Appendix 2:

The Legal Framework

1970 Equal Pay Act. Equal pay for work of equal value.

1975 Sex Discrimination Act. Prohibition of discrimination based on a person's sex or marital status. There is specific provision in the SDA around the treatment of Transgendered people in the area of employment.

1976 Race Relations Act. The Act prohibits discrimination based on a person's nationality or citizenship, ethnic origin, colour, race.

1976 Race Relations Code of Practice. Secondary legislation supporting implementation of the RRA.

1986 Sex Discrimination Act

1994 Race Relations (remedies) Act

1995 Disability Discrimination Act (DDA) Protects disabled people in the areas of: employment, access to goods, facilities and services, the management, buying or renting of land or property, education. For service providers: since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability; since October 1999 they have had to make reasonable adjustments for disabled people; from 2004 they may have to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

1996 Asylum & Immigration Act. Provision re persons subject to immigration control and the employment of such persons and connected persons.

1997 Protection from Harassment Act. Provision to protect from harassment and similar conduct.

1998 Human Rights Act. European wide set of rights.

Articles:

2 Right to Life

3 Prohibition of Torture

4 Prohibition of Slavery & Forced Labour

5 Right to Liberty & Security

6 Right to a Fair Trial

7 No Punishment without Law

8 Right to Respect for Private and Family Life

9 Freedom of Thought, Conscience & Religion

10 Freedom of Expression

11 Freedom of Assembly & Association

12 Right to Marry

14 Prohibition of Discrimination

1998 Crime & Disorder Act Requires local authorities to consider crime and disorder reduction while exercising all their duties, and to do all they reasonably can to prevent crime and disorder. The impact of crime and disorder is not spread evenly across society, some areas and some communities experience higher levels of crime than others. Some groups, including black and ethnic minority communities, gay, lesbian and transgendered people, and disabled people experience hate crime purely on the basis of their identity. All services should ensure that their policies, procedures and actions do not inadvertently increase the risk of crime and disorder.

1998 Data Protection Act Brought in to ensure personal data of an individual is managed, protected and processed correctly, in addition the Act ensures the individual (Data Subject) has rights to access the personal data held on them. The Council may in the course of it's duties or services, process data on behalf of the Data Subject and will at all times comply with the Data Protection Act and the principles therein.

1999 Stephen Lawrence Inquiry Report by Sir William Macpherson.

2000 Race Relations (Amendment) Act. Requires public authorities to eliminate unlawful racial discrimination; promote equality of opportunity and good relations between persons of different racial groups. The Council also has to prepare and publish a Race Equality Scheme and Action Plan.

2000 Race Directive. Prohibits race discrimination in employment & training, the provision of goods and services, education and social protection.

2000 Employment Directive. Prohibits discrimination on grounds of sexual orientation, religion, disability and age in employment and vocational training. Discrimination on the basis of Sexual Orientation and Religion & Belief became unlawful from December 2003, whilst discrimination on the basis of Age will be unlawful from December 2006.

2004 Civil Partnerships Act. Same-sex couples who register their partnership have legal status as `registered civil partners' and acquire a package of rights and responsibilities in the same way as married couples.

2005 Disability Discrimination Act. Requires public authorities to eliminate unlawful harassment of Disabled people, promoting equality of opportunity and taking account of disabled peoples' disability.