Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1999)

1. Article 1 of the Convention. Application of the Convention in respect to all workers (Northern Ireland). Private households. Recalling the Committee’s previous comments concerning exceptions to the application of discrimination protection, the Committee notes the Fair Employment and Treatment Order (Amendment) Regulations (NI), 2003, removing the exception in section 70(1)(b) which allowed employers to discriminate against workers in private household employment. It also notes the Race Relations Order (Amendment) Regulations (NI) (RRO), which now prohibits discrimination in private household employment on the grounds of race, ethnicity or national origin (section 6(3)). The Committee notes, however, that despite the RRO amendment, discrimination on the ground of colour continues to be explicitly exempted from the provisions of the Order. The Committee asks the Government to provide information on whether the RRO provision will be amended to ensure that workers in private households are protected from discrimination on the basis of colour. Noting also that the Government’s report does not address the exclusions of private household workers under section 4(3) of the Race Relations Act, 1976 (RRA), the Committee again asks how such workers are protected from discrimination on the grounds of the Convention and whether the Government intends to amend the RRA.

2. Schoolteachers. The Committee notes the Government’s indication that the exception for teachers under the Fair Employment and Treatment (NI) Order, 1998, was amended to apply more restrictively to the recruitment of teachers. The Committee notes the investigation into this exception by the Equality Commission and its subsequent report (2005) in which the Commission recommends that the exception be removed. The Committee emphasizes that upholding a provision allowing discrimination on the basis of religious belief is a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee, therefore, asks the Government to indicate what measures, including legislative amendment, are in place or planned to ensure the protection of Northern Ireland schoolteachers regardless of religious belief.

3. Discrimination on the basis of sex. Sexual harassment. The Committee thanks the Government for the information provided in response to its general observation (2002) on sexual harassment. It notes with interest that, on 1 October 2005, a definition of sexual harassment was introduced into the Sex Discrimination Act, 1975, in line with the EU Directive 2002/73/EC, covering both quid pro quo and hostile environment harassment. The Committee notes the variety of investigative and awareness-raising measures taken by the Equal Opportunities Commission and it invites the Government to continue to provide relevant case law on this matter along with other measures taken to prevent sexual harassment in the workplace in both the private and public sector. Noting that these new regulations do not extend to Northern Ireland, the Committee also asks what initiatives are being undertaken there to counter the practice of sexual harassment in employment and occupation.

4. Discrimination on the basis of political opinion and social origin. The Committee notes the Government’s statement that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Committee notes the Government’s explanation that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal which may decide whether an employee was unfairly dismissed for reasons of political opinion or social origin. Given the Government’s statement that no further legislation is anticipated on the matter, the Committee asks for specific examples from tribunal decisions demonstrating that discrimination is prohibited on the grounds of either political opinion or social origin. Noting also that Northern Ireland legislation does not forbid unequal treatment on the basis of social origin, but that a harmonized Equality Bill is in preparation, the Committee asks the Government to keep it informed on the progress of the draft law and whether it will include social origin as a prohibited ground.

5. Discrimination on the basis of religion. The Committee notes with interest the adoption of the Employment Equality (Religion or Belief) Regulations, 2003, which prohibit direct and indirect discrimination on the grounds of religion or belief in employment and vocational training. The Committee asks the Government to provide information on the application of these new regulations including the number and outcome of relevant cases and an assessment of the regulations’ impact on ensuring equality of opportunity and treatment in employment and occupation.

6. Article 2. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes the extensive information contained in the Government’s report on the variety of efforts to promote equal opportunity for men and women in employment and occupation. With respect to the current situation of women in the labour market, it notes that female workers remain heavily concentrated in a few occupations, with over 60 per cent of women working in just ten occupations, and that women are less than half as likely as men to work in higher managerial jobs. In this regard, the Committee notes that a national strategy is being developed under the coordination of the Women and Equality Unit to ensure a consistent approach to tackling occupational segregation in skills, work and training, and that the Government is also taking related measures to increase the representation of women in the fields of science, engineering and technology, and to assist women entrepreneurs. The Committee requests the Government to continue to provide information on the policies adopted and their impact with respect to promoting equal opportunity for women in employment and occupation. In particular, it asks the Government to supply more detailed information on the national strategy on occupational segregation and the work of the Women and Equality Unit in this regard. Please also highlight the key findings of the Equal Opportunities Commission’s investigation into gender segregation and modern apprenticeships and indicate what follow-up measures are anticipated to implement the recommendations of this investigation.

7. Equality of opportunity and treatment irrespective of race, colour and national extraction. The Committee notes the report of the Cabinet Office Strategy Unit entitled "Ethnic Minorities and the Labour Market" (March 2003). It notes from this report that, while some groups are doing well in schools and on the labour market (Indians and Chinese), other groups such as Pakistanis, Bangladeshis and black Caribbeans experience, on average, significantly higher unemployment and lower earnings than whites. It also notes that there is evidence showing that all ethnic minority groups are not doing as well as they should be, given their education and other characteristics. The Committee notes that the report calls for the Government to establish a new framework of action including targeted measures on schools, jobs, housing and discrimination, and that the aim should be that in ten years’ time, ethnic minority groups living in Great Britain no longer face disproportionate barriers to accessing and realizing opportunities for achievement in the labour market. Noting the Prime Minister’s statement that the Government has accepted all of the report’s conclusions and that it will work towards their implementation, the Committee asks the Government to provide information on what follow-up measures have been or will be adopted to ensure that ethnic minorities in Great Britain enjoy equal opportunity and treatment in employment and occupation. Noting also the report’s statement that the responsibility for implementing this strategy does not solely rest with the Government, the Committee asks the Government to indicate how it is cooperating with workers’ and employers’ organizations to promote the acceptance and observance of its policies.

8. National machinery to promote equality. The Committee notes the Government’s plan to create a single body to combat discrimination and promote human rights. It notes that the proposed Commission for Equality and Human Rights would assume the responsibilities of the current equality Commissions and undertake work in respect of all the major pieces of discrimination legislation. The Committee asks the Government to provide information on its progress towards creating a single equality commission and to indicate how this new body would strengthen the promotion and achievement of the principle of non-discrimination in employment and occupation.

9. Article 3(d). Equality of opportunity and treatment in the public service - Great Britain. With respect to the Government’s commitment to achieving its diversity agenda targets for 2005 in the civil service, the Committee notes that, in 2003, women occupied 23.9 per cent of the top management posts (25 per cent target) and accounted for 27.5 per cent of senior civil servants (35 per cent target). In this respect, the Committee notes the Government’s numerous initiatives to promote women in the civil service, particularly through the public service agreement "Delivering on Gender Equality", along with the introduction of a duty for public bodies to promote equality of opportunity on the basis of sex. With regard to racial diversity, the Committee notes that the total percentage of racial minorities in the civil service reached 8.1 per cent in 2003. Unfortunately, the Government does not indicate what percentage of these minorities is employed in senior jobs or what further measures are being contemplated to promote equal opportunity and treatment in the public sector for minority employees. The Committee requests the Government to continue providing statistics on the numbers of employees in the civil service disaggregated by sex and race for each occupational category and grade. Please also provide detailed information on the progress and results of the initiative "Delivering on Gender Equality" and the creation of a duty to promote gender equality in the public sector. In addition, please include an assessment of the effectiveness of the duty under the Race Relations Act (Schedule 1A) obliging designated public authorities to promote race equality in employment and occupation.

10. Northern Ireland. The Committee notes the 2003-04 report from the Equality Commission for Northern Ireland (ECNI) on the implementation of equality duties under section 75 of the Northern Ireland Act, 1998. It notes that the ECNI report covers 167 public authorities and that, among these public bodies, 72.5 per cent indicated that they believed their work on implementing the statutory duties had produced positive benefits for individuals from various equality categories covered by section 75. It notes, however, that only half of the respondents (57 per cent) reported increased equality of opportunity for people of different religious belief and that less than half (42 per cent) reported such an increase for people of different political opinion. In this regard, the Committee asks the Government to continue providing information on the implementation of equality schemes by Northern Ireland public authorities and to indicate what measures are in place or planned, including affirmative action, to promote equality of opportunity and treatment in the public, as well as the private sector. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland and the practical significance of this initiative for workers with respect to equal opportunity and treatment in employment and occupation.

11. Article 3(e). Vocational training under the direction of a national authority. The Committee notes the Learning and Skills Council’s (LSC) race equality scheme for 2005-08. It notes that, among the continuing challenges identified in the LSC report, there remain inequalities in the participation, retention and achievement rates between learners of different ethnicity and an under-representation of black and ethnic minority young people in work-based learning and apprenticeships. Noting the Council’s ambitious programme of activities over the next three years, the Committee asks the Government to provide information in its next report on the measured progress made towards achieving the goals identified by the LSC to ensure non-discrimination in vocational training.

12. Article 4. Activities prejudicial to the State (Great Britain and Northern Ireland). The Committee notes the Government’s indication that it is unaware of any national security cases involving the exception under section 52 of the Sex Discrimination Act. The Committee recalls from its previous comment that a number of other equality instruments include similar national security exceptions (Race Relations Act, Sex Discrimination (NI) Order and the Fair Employment and Treatment (NI) Order). The Committee, therefore, asks the Government to provide information on the practical application of the national security provisions under these other statutes and whether any corresponding reviews have been sought in the context of employment and occupation.