Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Trade Union Congress (TUC) received on 26 October 2017.

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. In its previous comment, the Committee requested the Government to provide information on any developments concerning the inclusion of caste-based discrimination as an aspect of race in section 9 of the Equality Act 2010; to indicate the steps taken in order to adequately monitor forms of discrimination that may lead to discrimination based on political opinion; and to provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is ensured in practice. The Committee notes that, according to the Government report, a public consultation was held from March to September 2017 on how to ensure that there is appropriate and proportionate legal protection against unlawful discrimination based on caste. In its response to the consultation, published in July 2018, the Government explains that, given the extremely low number of cases involved and the clearly controversial nature of introducing “caste” as a self standing element into British domestic law, the best way to provide the necessary protection against unlawful discrimination because of caste is by relying on emerging case-law as developed by courts and tribunals. According to the Government, the flexibility that case-law provides gives the greatest scope for decisions on the subject to take account of the particular facts of a case brought before the courts and evolve naturally to ensure that the necessary protection is provided. Regarding political opinion, the Committee takes note of the Government’s statement that there is no explicit legal protection in British law against discrimination because of political opinion other than under human rights law but that domestic courts have determined that various political and quasi-political beliefs are covered by the “religion” or “belief” provisions of the Equality Act 2010. The Committee recalls, once again, that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee asks the Government to provide: (i) concrete examples of how cases alleging discrimination based on social origin and “caste” are dealt with by courts and tribunals, including the facts of the case and the remedies provided; and (ii) information, including statistical data, on the number of cases of discrimination based on political opinion and on the measures taken to protect workers against such form of discrimination.

Discrimination on the basis of religion. The Committee recalls that in its previous comment it asked the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, in particular with respect to the impact of these measures on access to employment and education by Muslims, as well as information on any complaints filed by Muslims concerning cases of discrimination in employment on the basis of religion and the remedies provided and sanctions imposed. The Committee notes the Government’s statement that it is unable to provide information on complaints filed by Muslims as there is no requirement in statute to declare one’s religion. It notes that employment rates of Muslims stand at 53.3 per cent (69.4 per cent for men, 36.3 per cent for women). The Government adds that public bodies must also take due consideration of the requirements of section 149 of the Equality Act 2010 (“the Public Sector Equality Duty”) in relation to the protected characteristics including religion or belief. The Committee asks the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, including on the impact of these measures on access to employment and education for Muslims.

Article 1(1)(b). Workers with disabilities. In its previous comments, the Committee asked the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures; and to provide information on the adoption of the Disability Strategy.The Committee notes the adoption of (i) a new Disability Confident Scheme in November 2016 designed to encourage employers, on a voluntary basis, to recruit and retain disabled people and those with health conditions; (ii) the Access to Work government-funded programme which provides practical and financial support to individuals whose health and disability affects the way they do their work (the number of beneficiaries rose by 8 per cent, to 25,000, during the period 2016–17); as well as (iii) other programmes supported by the Government. It also notes the Special Education Needs and Disability (SEND) reforms’ new focus which is to prepare all children and young adults with SEND for adult life, including employment, through a range of programmes and opportunities such as supported internships, study programmes with work experience, traineeships and apprenticeships made more accessible to young people with disabilities. However, the Committee also notes that, in its concluding observations, the United Nations Committee on the Rights of Persons with Disabilities (CRPD) expressed concern about the persistent employment and pay gaps for work of equal value affecting persons with disabilities and recommended that the Government develop and decide upon an effective employment policy aimed at ensuring decent work for all persons with disabilities; ensuring equal pay for work of equal value; ensuring that reasonable accommodation is provided to all persons with disabilities who require it in the work place; ensuring that regular training on reasonable accommodation is available to employers and employees without disabilities and ensuring that dissuasive and effective sanctions are in place in cases where reasonable accommodations are not made (CRPD/C/GBR/CO/1, 3 October 2017, paragraphs 56 and 57). In this regard, the Committee refers to its comments under the Employment Policy Convention, 1964 (No. 122). The Committee notes the initial government response to these concluding observations, dated 3 October 2018, in which it details the initiatives taken in relation to people with disabilities. The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures, including as demonstrated by relevant statistics.

Article 2. Equality of opportunity and treatment between men and women. In its previous comment, the committee requested the Government to provide information, including statistics, on the implementation of the Women and the Economy Action Plan and the manner in which it addresses occupational sex segregation and promotes the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sector. In addition, it requested information on the impact of the measures taken regarding childcare support, shared parental leave and flexible working arrangements on the participation of women in full-time and part-time employment. The Committee notes the Government’s statement that helping women with children to remain in the labour market is critical to closing the gender pay gap and its indication that, in order to do so, it has extended the right to flexible working arrangements to all employees with 26 weeks of continuous service with the same employer, introduced shared parental leave, and supported childcare costs by investing in free childcare places and announcing “tax free childcare”. Regarding the right to flexible working arrangements, the Government specifies that it is “a right to request, not a right to have” but that “employers can only refuse if they have sound business reasons (e.g. costs)” and that 97 per cent of companies in the United Kingdom offer some forms of flexibility. In this regard, the TUC indicates that, while flexibility driven by workers’ needs is valuable, there needs to be additional protection to prevent exploitation. Regarding shared parental leave, the Government indicates that, since December 2014, working parents can share up to 50 weeks of leave and 37 weeks of pay in the first year of the child’s life, with parents taking leave together or alternatively and the leave and pay being taken in up to three blocks or more if the employers agree. The TUC observes that the Government reports on eligibility and not on the actual shared parental leave taken and that there is a low take-up of this type of leave due to the lack of schemes to support fathers’ share of time off. The TUC considers that a strengthened paternity leave is also be necessary.

The Government also indicates that it is taking action to tackle the social and cultural root causes of the gender pay gap, including by addressing occupational segregation and that it is taking steps to increase the percentage of girls taking science, technology, engineering and mathematics (STEM) subjects and mentions several services or initiatives to provide better careers advice. It also indicates that it is committed to achieving three million apprenticeship starts in England by 2020. In this regard, the Committee notes the TUC’s observations that, although half of the apprenticeships started in 2014–15 were started by women, many young women are working in low pay sectors with limited opportunities to progress. Thus, apprenticeships reproduce occupational segregation: women represent 94.3 and 91.7 per cent of apprentices in childcare and hairdressing respectively and only 7.4 per cent in the engineering and manufacturing sectors. In addition, according to the TUC, pay levels which breach the apprenticeships national minimum wage are more common in hairdressing (42 per cent) and the child care sector (26 per cent).

Regarding the representation of women at the executive level, the Committee notes the Government’s indication that it aims at reaching the ratio of 33 per cent of women on the boards of the Financial Times Stock Exchange (FTSE) 350 companies and 33 per cent in executive committees and “direct reports” in the FTSE 100 by 2020 as well as reducing the “all-male” boards to zero. In this regard, the Committee notes the adoption, in March 2018, of the Gender Representation on Public Boards (Scotland) Act which sets an objective of 50 per cent of women in non-executive positions on the boards of certain public bodies by December 2022. The Committee also notes the concerns of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) about: the inadequacy of measures adopted to accelerate the representation of women in all areas of political and public life throughout the whole of the United Kingdom’s territory; the continued underrepresentation of women in higher education and careers in STEM fields; their underrepresentation on corporate boards and executive positions and their concentration in lower paying positions in all occupational sectors and in lower paying occupational sectors such as health, education and retail; the high prevalence of informal, temporary or precarious forms of employment (including employment with zero-hours contracts) as well as sexual harassment; and the difficulty of women belonging to marginalized groups in gaining access to employment (CEDAW/C/GBR/CO/8, 14 March 2019, paragraphs 37, 41 and 43).

The Committee asks the Government to continue to provide information, as well as statistics and results obtained, on steps taken to address occupational sex segregation and to promote the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sectors. In addition, the Committee asks the Government to include information on the impact of the measures adopted regarding childcare support, shared parental leave (including statistics on the actual leave taken disaggregated by sex) and flexible working arrangements, on the participation of women in full-time and part-time employment.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. Previously, the Committee requested the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes and their impact – including statistics – on the employment of workers from ethnic minorities, in particular Pakistani and Bangladeshi workers, as well as Roma and Travellers, both men and women in the public and private sectors. The Committee notes the information provided by the Government on ethnic minority employment rates showing an increase in the employment rate of the Pakistani/Bangladeshi population from 50 per cent in 2012, as noted in the previous comment, to 55 per cent in 2017, and a decrease in their unemployment rates from 17 per cent in 2012 to 11 per cent in 2017. However, as shown by the Race Disparity Audit (see the summary findings from the Ethnicity Facts and Figures website) published in October 2017 and revised in March 2018, people from Pakistani and Bangladeshi backgrounds remain more likely to be in low skilled, low paying occupations than any other ethnic group, and receive the lowest average hourly pay. In the public sector, ethnic minority employees are concentrated in the lower grades or ranks and among the younger employees. The Committee also notes the Government’s statement that it has an ambitious “Black and Minority Ethnic 2020 Plan” which is aimed at improving labour market outcomes with the following objectives targeted at persons from minority backgrounds: increasing by 20 per cent the proportion of apprenticeships, the proportion of students going to university and employment rates; awarding 20,000 start-up loans; and increasing the diversity in the armed forces and the police. The Government also indicates that objective 3 of the Equality Objectives for 2016–20 of the Welsh Government specifically focuses on addressing the many factors related to employment, skills and pay inequalities. The Committee also notes the concerns of the TUC indicating that the unequal treatment of migrant workers in the labour market is encouraged by immigration legislation: the Immigration Act 2016 made undocumented working a criminal offence and classified the wages of undocumented workers as the proceed of crime, thus prohibiting undocumented workers from claiming rights at work by fear of being arrested and deported. In this regard, the Committee wishes to refer to its comments under the Migration for Employment Convention (Revised), 1949 (No. 97). The Committee asks the Government to provide information on the results of the Black and Minority Ethnic 2020 Plan and the Equality Objectives for 2016–20 as well as any other topical initiatives. It also asks the Government to continue to provide concrete information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, as well as on the results obtained so far as regard their rate of employment and type of jobs occupied. The Government is also asked to provide information on the Immigration Act 2016 and its impact.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Equality bodies. The Committee notes the information provided by the Government. It also notes the TUC’s observation that consultation with workers’ representatives on discrimination issues is becoming less effective due to failure to ensure worker’s representation on boards and bodies tasked with implementing the policy objectives associated with Conventions, including at the Equality and Human Rights Commission (EHRC). The Committee asks the Government to provide information on how it ensures the comprehensive involvement and participation of social partners in the work of equality bodies.

Enforcement. The Committee notes the Government’s decision to withdraw from the European Union (EU). It asks the Government to keep the Committee informed of the measures adopted in order to ensure that the rights afforded, under EU Law, against discrimination in employment and occupation are preserved.