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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trade Unions Congress (TUC) received on 30 August 2021 and communicated to the Government.

Article 1(1) of the Convention. Discrimination based on sex and disability. Sexual harassment against women workers with disabilities and against lesbian, gay, bisexual and trans (LGBT) workers. The Committee takes note of the observations of the TUC on the results of its survey “Sexual harassment of disabled women in the workplace”, showing that: (1) 7 out of 10 disabled women respondents reported having been sexually harassed at work as compared to 52 per cent of women in general; (2) disabled women experience higher levels of every type of sexually harassing behaviour reflecting the imbalance of power disabled women encounter at work and in wider society; and (3) 54 per cent of disabled women respondents reported having experienced two or more types of sexually harassing behaviours, and 45 per cent three or more types. The Committee also takes note of the observations of the TUC on the research it conducted on sexual harassment at work against LGBT workers, which showed that 68 per cent of the respondents reported being sexually harassed at work and two thirds did not report this harassment to their employer. One in four were prevented from raising the issue by their fear of being “outed” at work. The Government states that it is committed to strengthening the protection against sexual harassment in the workplace by introducing a new proactive duty on employers requiring them to take all reasonable steps to prevent their employees from experiencing sexual harassment; introducing explicit protections for employees from harassment by third parties, for example customers or clients; supporting the Equality and Human Rights Commission to produce a statutory code of practice on this issue, to raise awareness to ensure that employers are clear on their responsibilities, and looking closely at extending the time limit for bringing Equality Act based claims to a tribunal to six months. The Committee requests the Government to provide information on any steps taken to address the concerns raised by the TUC with regard to the higher levels of sexual harassment against workers with disabilities and LGBT workers, and any measures adopted to prevent such harassment in employment and occupation. The Committee requests the Government, in particular, to provide information on the introduction of the proposed new protections on sexual harassment, including the date of their implementation and their impact.

Article 2. Equality of opportunity and treatment for workers with disabilities. The Committee notes with interest the Government’s indication that it published the National Disability Strategy in July 2021, setting out its vision to improve the lives of people with disabilities. According to the strategy, the disability employment gap has narrowed significantly in recent years, from 33.8 percentage points in 2014 to 28.6 percentage points in 2021. This employment gap decreases as the level of qualification increases – down to 15.2 percentage points for people with a degree. The Government acknowledges that despite this progress, too many workers with disabilities still find themselves excluded from the job market. The COVID-19 pandemic has also had a negative impact on their employment situation as workers with disabilities are likely to have experienced a reduction in earnings through redundancy, a reduction in hours or being furloughed. The Committee notes the detailed data provided by the Government on the situation of persons with disabilities in the country, in particular that around one out of five persons with disabilities hold a degree level qualification, compared to a third of non-disabled people and that persons with disabilities are nearly three times more likely not to have any qualifications. The Committee notes that the National Disability Strategy provides for the adoption of a series of measures to improve access to work of workers with disabilities, including: encouraging employers to recruit; retain and promote employees with disabilities and create inclusive workplaces; scaling up supported employment services; strengthening rights in the workplace; encouraging flexible working hours and introducing carers leave; and improving access to advice on employment rights. The Government also provides detailed information on a series of programmes established to support the employment of workers with disabilities, including the Work Choice programme, the Work and Health Programme (WHP), the Specialist Employability Support (SES), the Small Employer Offer (SEO), the Access to Work (AtW), the Disability Confident Employer Scheme, and the programme on Special Educational Needs and Disability (SEND). In this regard, the Committee takes note of the TUC’s observations that the COVID-19 pandemic had exacerbated the barriers faced by workers with disabilities. The TUC stresses that many of them have not shared their conditions or impairments with their employers, believing that it would lead to negative consequences and that major difficulties for accessing to reasonable adjustments continued during the pandemic. The Committee notes the Government’s response to the comments of the TUC that though the pandemic did initially reverse the positive trends showing a fall in the disability employment rates and a widening of the disability employment gap between April and December 2020, the disability employment rate returned to its pre-pandemic level in spring 2021 with the disability employment gap also narrowing throughout the first six months of 2021. The Government states that this suggests that, after some initial impacts, there are encouraging signs of recovery and, overall, currently no disproportionate impact on the number and rate of disabled people in employment as a result of the pandemic. Further, the Government states that there is a duty on employers under the Equality Act 2010 to make reasonable adjustments and the Access to Work Scheme can fund support tailored to an individual’s needs for these purposes. Furthermore, the Government states that the new Access to Work Adjustments Passport is being piloted and this will capture in work support needs enabling the passport holder to have informed conversations with a potential employer and will provide greater flexibility for people with disabilities to move between jobs. The Committee requests the Government to provide information on the implementation of the National Disability Strategy in practice to promote the employment of persons with disabilities and their access to various occupations, and its impact on the access of workers with disabilities to employment, including detailed statistical data. It also requests the Government to provide specific information on the type of reasonable accommodation measures adopted in favour of workers with disabilities. The Committee further requests the Government to continue to provide specific information on the impact of the COVID-19 pandemic on the employment of workers with disabilities, and the measures taken to mitigate such impact. The Committee lastly requests the Government to provide information on the outcome of the Access to Work Adjustments Passport pilot.

Equality of opportunity and treatment between men and women. The Committee previously requested the Government to continue to provide information on: (1) the results of the measures adopted to address occupational sex segregation and to promote the participation of women in a wide variety of jobs; and (2) the impact of the measures adopted regarding childcare support, shared parental leave and flexible working arrangements on the participation of women in full-time and part-time employment. On the results obtained to address occupational segregation, the Committee takes note of the indications by the Government that: in January 2021, women represented 34.3 per cent of the boards of the Financial Times Stock Exchange (FTSE) 350 companies, up from 24.5 per cent in October 2017; there were no all-male boards in the FTSE 350, this fell from 8 in 2017; the number of boards with only one women fell from 116 in 2015 to 16; in October 2021, in the FTSE 350, women made up 29.4 per cent of senior leadership roles (defined as the combination of the Executive Committee and their direct reports), up from 24.5 per cent in 2017. The Government also reports that it is continuing its work to increase the number of girls taking STEM subjects at school, with several funding programmes to increase the take-up of these subjects. There was a 31 per cent increase in girls’ entries to STEM A levels in England between 2010 and 2019. Over the same period, the number of women accepted onto full-time STEM undergraduate courses increased by 34 percent. Girls remain under-represented in apprenticeships in STEM, but their representation in STEM apprenticeships is increasing.

On the impact of the shared parental leave scheme, the Government indicates that in the 2019–20 tax year, 13,000 individuals claimed shared parental pay, of which 10,200 were male employees and 2,900 were female employees. The number of individual claims for shared parental leave had quadrupled between the 2014–15 and the 2019–20 tax years. The Committee takes note of the Government’s response to the TUC’s comments that that while the Government is currently evaluating the scheme, the analysis of the data has taken longer than expected because of the need to prioritize immediate support to parents during the COVID-19 pandemic. The Government states that they will publish their findings, alongside the Government’s Response to a 2019 consultation in due course. In this regard, the Committee takes note of the observations of the TUC regretting that the evaluation of the scheme has not been published yet. The TUC also regrets that: (1) the low pay provided for under the scheme (£145.18 per week) makes it unaffordable for many fathers: (2) agency workers and those on zero-hour contracts do not qualify; and (3) parents can only get shared parental leave when mothers give up part of their maternity leave.

On the right to request flexible working, the Government indicates that this right was extended in 2014, through the adoption of the Flexible Working Regulations 2014. The Government stated that a study on the implementation of these regulations will also be published in 2021. As the COVID-19 pandemic shifted the way that individuals and employers think about flexible working arrangements, the Government reconvened the Flexible Working Taskforce to make the most of the lessons learned from this period. Furthermore, the Government notes that offering flexible working in job advertisements increases the number of female applicants by 16 percent. Regarding childcare, the Government refers to the 30 hours free childcare for working parents who earn at least the equivalent of 16 hours per week at the National Minimum Wage and indicates that an estimated 345,700 children benefit from this programme. The Committee takes note of the Government’s response to the TUC’s comments that it published its consultation on making flexible working the default on 23rd September 2021. The consultation exercise ended on 1 December 2021. The proposals seek to increase availability and uptake of flexible working among all employees, while recognizing that flexible working arrangements can particularly benefit certain groups, including working parents.

In addition to this information, the Committee takes note of the details regarding the measures adopted to address gender segregation (including measures to promote women’s and girls’ participation in STEM, and women’s participation in leadership positions), and related to child care and flexible hours that were reported in the National Report of the United Kingdom on the implementation of the Beijing Declaration and Platform for Action (1995). The Committee requests the Government to continue to provide detailed information on its efforts to address occupational sex segregation and to promote the participation of women in a wider variety of jobs. Noting the information provided regarding the measures on childcare support, shared parental leave and flexible working arrangements, the Committee requests the Government to provide information on the impact of these measures: (i) on shared parental leave and the flexible working time arrangements; and (ii) on the participation of women in full-time and part-time employment. It also requests the Government to provide information on any measures taken to address the concerns raised by the TUC regarding the shared parental leave scheme.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee previously requested the Government to provide information on: (1) the results of the Black and Minority Ethnic 2020 Plan and the Equality Objectives for 2016–20 as well as any other topical initiatives; (2) 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; and (3) the concerns raised by the TUC that the Immigration Act 2016 prohibited undocumented workers from claiming rights at work by fear of being arrested and deported. The Committee takes note of the Government’s indications that the Race Disparity Unit (RDU) collects data on the employment of different ethnic minorities that the Office of National Statics (ONS) publishes quarterly in its Labour Market Status by Ethnic Group. The Committee also takes note of the information provided on the programmes in place to improve the employment of people from ethnic minority backgrounds, including through the National Mentoring Programme, the Plan for Jobs, the Ten Point Plan aiming at the creation of green jobs, and the Flexible Support Fund. The Committee further notes the results of the Parker Review published in March 2021 on the representation of ethnic minorities on the board of 100 FTSE companies, showing an increase in the number of ethnic minorities represented in the boardroom (75 as at November 2020 from 52 in January 2020). The Government is taking action in 20 targeted areas identified from the results of the Race Disparity Audit conducted in 2017 and updated annually. For the year 2020, the ethnic minority employment rate was 67.9 per cent, an increase of 1.7 and 1.8 percentage points from 2019 and 2018, respectively. The ethnic minority unemployment rate is 3.5 points higher than that of white groups. Those with Pakistani and Bangladeshi backgrounds have the lowest employment rate of 57.9 per cent of all ethnic groups, though this is an increase of 0.8 per cent points and 1.9 per cent points from 2019 and 2018, respectively. They are more likely to be in low skilled, low paying occupations than any other group and receive the lowest average hourly pay. Black/African/Caribbean have the highest unemployment rate of 10.5 per cent, 6.5 percentage points higher than that of white groups.

In this regard, the Committee also takes note of the observations of TUC stressing that a significant pay gap exists for both Black and Minority Ethnic workers (BME). The median pay for white people was £12.40 per hour compared with £12.11 for those from a BME background –with significant regional variations, including a 23.8 per cent pay gap among the two groups in London. The COVID-19 pandemic has brought disproportionate difficulties for BME workers. According to TUC, the figures published by the ONS for August 2021 reveal that last year, the unemployment rate for BME workers has risen from 6.1 per cent to 8 per cent (31 per cent increase), that is three times the rate for white workers, which has risen from 3.6 per cent to 4 per cent (an 11 per cent increase). The TUC is also worried as figures show that BME workers are far more likely to be employed on zero-hour contracts than white workers. For instance, BME women are almost twice as likely to be on a zero-hours contract than white men (4.5 per cent compared to 2.5 per cent), and they are almost one and a half times more likely to be on zero-hours contracts compared to white women (3.4 per cent). The Government states in its response to the observations made by the TUC, that the Independent Commission on Race and Ethnic Disparities, in a report in April this year, noted that the pandemic is likely to have a mixed impact on the employment rate and financial stability of ethnic minority groups. The Government states that, historically, employment rates of ethnic minority groups have decreased more than overall employment rates during economic downturns in the UK. It highlights that such a decrease indicates a risk to ethnic minority groups if the economic fallout from the COVID-19 crisis fails to turn into a V-shaped recovery. It also states that zero hours contracts provide important flexibility in the labour market which benefits employers and workers. However, the Government states that it recognizes that some workers on zero hours contracts would like more stability in their working hours and that it is committed to taking forward a key measure to include the right for workers in Great Britain to request a more predictable contract. This means that those who would like more certainty will be able to request a more fixed working pattern from their employer after 26 weeks of service.

The TUC believes that the Government’s plans on adopting a new Nationality and Borders Bill will increase the exploitation of workers with irregular status who would have no legal recourse to claim rights at work (since for example, wages of undocumented workers are considered as the proceed of crimes) and access healthcare. The Committee recalls that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) (2012 General Survey on the fundamental Conventions, paragraph 779).

The Committee requests the Government to continue to provide detailed information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, and the results obtained. It also requests the Government to provide information on the steps taken to reduce the pay gap for BME workers and the disproportionate recourse to zero-hour contracts referred to by the TUC. The Committee also requests the Government to provide information on the impact of COVID-19 on employment rates for ethnic minority groups.

The Committee requests the Government to provide information on the introduction and implementation of the new right to request a more predictable contract, including the number of workers exercising such a right, and the rate at which such requests are granted.

The Committee notes the Government’s comments on the Nationality and Borders Bill. The Committee reiterates its request that the Government provide information on the impact of the Immigration Act 2016 and if adopted, of the Nationality and Borders Bill, on the protection of undocumented migrant workers against discrimination based on race, colour or national extraction.

Racial Equality Strategy 2015–25 for Northern Ireland. The Committee also notes the Northern Ireland Racial Equality Indicators Report: 2014–2019 (Published in 31 March 2021) provided by the Government. This states that: (1) the percentage of minority ethnic school leavers with no qualifications had decreased from 5.8 per cent in 2013–14 to 2.2 per cent in 2018–19; (2) at the 2011 Census, 30.2 per cent of minority ethnic people were in “managerial” or “professional” occupations; compared with 25.8 per cent white people; (3) in 2019, the proportion of respondents reporting they were prejudiced against people from minority ethnic communities had increased significantly since the baseline (2014: 24 per cent, 2018: 20 per cent, 2019: 29 per cent); (4) the number of racist incidents reported has increased from the 2013–14 baseline (976) to 2018–19 (1,124); and (5) in the latest available data (2017–18), only 3 per cent of all public appointment applications were from minority ethnic people. The Committee also notes that the Northern Ireland Racial Equality Strategy (RES) (2015–2025) establishes a framework for government departments (and others) to tackle racial inequalities, to eradicate racism and crime and, along with the Strategy ‘Together: Building a United Community’, to promote good race relations and social cohesion. The strategy has seven aims to address specific areas of concern developed in consultation with minority ethnic representatives. They include: (1) elimination of racial inequality, (2) combating racism and hate crime, (3) equality of service provision, (4) participation, (5) social cohesion, (6) capacity-building, and (7) cultural identity. The Committee requests the Government to continue to provide detailed information on the steps taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes, and the results obtained. It also requests the Government to provide information on the steps taken to increase access of ethnic minorities to public appointments. Further, the Committee requests the Government to continue to provide detailed information on racist incidents, which may impede workers’ ability to access the labour market, and the steps taken to address this.

LGBT Action Plan and Advisory Panel. The Committee takes note of the TUC’s observations indicating that the 2018 LGBT Action Plan was abandoned and that the LGBT Advisory Panel that had been established to support the Government in meeting the goals established in the plan was disbanded in April 2021. The TUC indicates that the Government had announced plans to replace the panel but that these plans have not been set out. The Government in its response to the TUC’s observations states that its priorities remain introducing a ban on conversion therapy, delivering the “Safe to be me” conference in June 2022 and the year of action around that event and digitizing the gender recognition certificate application process. The Committee requests the Government to provide information on the results of the implementation of the 2018 LGBT Action Plan, as well as on the impact of the decision to disband the LGBT Advisory Panel to achieve the goals set out in the plan. The Committee requests the Government to provide information on any new plans adopted or envisaged to address equality and non-discrimination in employment and occupation for LBGT workers.

Article 3(a). Cooperation of workers’ and employers’ organizations. Equality bodies. The Committee had asked the Government to provide information on the involvement and participation of social partners in the work of equality bodies. The Committee takes note of the Government’s indication that the Equality and Human Rights Commission (EHRC) operates independently from the Government and makes its own strategic decisions on how to engage with the social partners as well as their level of participation and engagement on key policy initiatives. The EHRC’s Framework Document, establishes that the Chair and Board members’ appointments will be made by the Minister for Women and Equalities with regard to the Paris Principles, which stress the need for “pluralist representation”, referring among other members of the civil society to representatives of trade unions. The Government further specifies that the EHRC’s Strategic Plan sets out five priority areas to work on, including Priority aim 1 on equal access to labour market and fair treatment at work. On this, the EHCR engages with the trade unions, including the TUC, and also takes on board the expertise of workers in specific areas, such as education and health and social care. It works in close collaboration with trade unions to consult and negotiate in all relevant matters. The Committee takes note of this information.

Awareness-raising and enforcement. The Committee had asked for information on the impact of the withdrawal from the European Union on the application of the Convention. Further to its request, the Committee notes the Government’s indication that the protections provided in the Equality Act 2010, some of which are derived from the legislation of the European Union, will continue to apply.

The Committee has also repeatedly requested the Government to provide information on the administrative and judicial decisions concerning the implementation of the Convention and to provide information on the impact of the removal of the employment tribunals’ power to make wider recommendations. It notes that the Government does not provide information on the number of decisions nor on the trends in relation to discrimination claims and their rates of success. The Government indicates that the tribunals power to make wider recommendations under the Equality Act 2010 created a perception of undue burden on, and unfairness for, businesses and did not serve any useful purpose. The estimated cost of making wider recommendations to employers who did implement a recommendation was about £2,000. The Government states that ensuring changes are instigated by the employer without the need for recommendations means that they are more likely to be committed to and see positive results. Moreover, the tribunals’ recommendations were often that individual or management groups should undertake diversity training, in particular “unconscious bias” training, that have been shown to be of little value. While taking note of these indications, the Committee recalls that public awareness-raising, including on “unconscious bias” is essential to address prejudice and stereotypes regarding the professional abilities and aspirations of certain groups with lead to exclusion and discrimination in society and the labour market (General Survey of 2012, paragraph 865). The Committee once again requests the Government to provide information on any administrative or judicial decisions on discrimination in employment and occupation, as well as information on the number and nature of discrimination claims brought before the employment tribunals and on their outcome. It further requests the Government to provide detailed information on the measures adopted to raise awareness of prejudices and stereotypes regarding the professional abilities of certain groups in the private and the public sectors.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Trades Union Congress (TUC) received on 30 August 2021 and communicated to the Government. The Committee also takes note of the Government’s reply.

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. Law and practice. In its previous comments, the Committee noted that the Equality Act 2010 did not specifically refer to the grounds of social origin and political opinion. It requested the Government to provide concrete examples of how cases alleging discrimination based on social origin and “caste” are dealt with by courts and tribunals, and information 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 based on social origin. With regard to the protection against discrimination based on membership of a “caste”, the Government, in its report, states that it is aware of only three cases brought before the courts that involved considerations of caste and its relation to social origin. In Naveed v. Aslam (2012), the Employment Tribunal declared that the complaint was not well-founded as the “incidents were entirely unrelated to the claimant’s caste (or indeed to any other racially tainted characteristic)”. In Begraj v. Manak (2014), the case was not concluded after the judge in charge of the Employment Appeal Tribunal recused herself. In Tirkey v. Chandhok (2014), the Employment Appeal Tribunal found in favour of the claimant’s contention that she was discriminated against because of her low status including by reason of her caste. While the judge accepted that “caste” was not explicitly part of the Equality Act 2010, he also stated that many of the identifying features of a person’s descent which determined their caste related to their “ethnic origins” and this is explicitly protected under the Equality Act. The claimant was awarded compensation of £180,000. In the Government’s view, this judgment means that it is likely that anyone who believes that they have been discriminated against because of caste could now bring a race discrimination claim under the existing ethnic origin limb of the race provisions of the Equality Act 2010 because of their descent. The Government considers therefore that 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. Consequently, section 9(5) of the Equality Act 2010 providing that a Minister of the Crown: (1) must by order amend this section so as to provide for caste to be an aspect of race, and (2) may by order amend this Act so as to provide for an exception to a provision of this Act to apply, or not to apply, to caste or to apply, or not to apply, to race in specified circumstances, will be repealed. In this regard, the Committee takes note of the observations of the TUC on the employment situation of working-class workers. The TUC emphasizes that people from working class backgrounds still earn less than those from middle class backgrounds, even when they have the same qualifications and do the same type of job. Even when those from working-class backgrounds attend university, they still enter the job market earning less than those from middle-class and private-school backgrounds. The TUC’s analysis of data provided by the Higher Education Statistics Agency (HESA) shows that graduates with parents in “professional and routine” jobs are more than twice as likely as working-class graduates to start on a high salary, no matter what degree level they attain. The Government refers in its response to the National Living Wage and the National Minimum Wage that it states provide essential protection for the lowest paid workers.

While taking note of the information provided by the Government on the case law regarding discrimination based on “caste”, the Committee recalls that discrimination and lack of equal opportunities based on social origin refers to situations in which an individual’s membership of a class, socio-occupational category or caste determine his or her occupational future (see 2012 General Survey on the fundamental Conventions, paragraph 802). The Committee notes that there has been only one successful case of discrimination connected to “caste”, which may indicate that the absence of explicit mention of it in the Equality Act demonstrates a lack of awareness of its protection under the Act. The Committee notes with regret the fact that the Government is proposing to repeal section 9(5)(a) of the Equality Act 2010.

Further, the notion of “social origin” is broader in scope than the notion of “caste” referenced in the case law reported by the Government. The Committee takes note of the Government’s response to the TUC’s comments that it does not propose to introduce the socio-economic duty under Part 1 of the Equality Act 2010 for England or in respect of Great-Britain wide bodies, and notes with regret that the Government does not propose to add a new characteristic to the Equality Act 2010 addressing social origin.

Discrimination based on political opinion. With regard to cases relating to discrimination based on political opinion, the Government indicates that there are no central records on the number of cases brought domestically, broken down by protected characteristic. It is open to people to contest that their political beliefs are so strong that they can be captured by the religion or belief provisions within the Equality Act 2010, and domestic courts have been open to considering such cases on their individual merits. Discrimination on the basis of political opinion is therefore protected against. Furthermore, the Committee notes that while the Equality Act 2010 covers “philosophical belief”, it does not appear to cover “political opinion”. The Committee notes that protection for political opinion implies protection in respect of the activities of expressing or demonstrating opposition to established political principles and opinions, and covers discrimination based on political affiliation. The notion of “belief” explained by the Government is narrower than the concept of political opinion enshrined in the Convention (see 2012 General Survey, paragraph 805).The Committee also recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see 2012 General Survey, paragraph 853). The Committee requests the Government to take steps to ensure that at least all the prohibited grounds of discrimination specified in Article 1(1)(a) are included in the legislation and that, in the meantime, workers are protected in practice against discrimination based on their social origin and political opinion. It further asks for detailed information on the measures adopted to address discrimination faced by workers from working-class backgrounds reported by the TUC, as well as on any cases relating to claims of discrimination based on social origin or political opinion, including the facts of those cases (such as the scope and particulars of discrimination based on social origin, at least in terms of salaries and opportunities for advancement) and the remedies provided.

Discrimination based on religion. The Committee previously requested 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 the Muslim community. The Committee takes note of the indication that the Government engages with Muslim communities through a number of faith and integration projects. These projects are often geographically targeted to address problems faced by the communities where there can be high degrees of segregation and often seek to address issues of disadvantage or exclusion that create barriers to integration and employability. Noting this information, the Committee requests the Government to provide data on the impact of the measures taken on access to employment and education for the Muslim community, as well as any other activities undertaken specifically in the field of discrimination in employment and occupation.

Northern Ireland. The Committee has been asking the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief in Northern Ireland (section 71(1) of the Fair Employment and Treatment (NI) Order, 1998). The Committee notes with regret that the Government’s report does not contain any information in this regard. The Committee once again requests the Government to take steps to repeal the exclusion of teachers from protection against discrimination on the ground of religious belief in Northern Ireland provided in section 71(1) of the Fair Employment and Treatment (NI) Order, 1998.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

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

The Committee notes with regret that the Government, in its report, has not replied to the issues raised in its previous observation.

Articles 1 to 3 of the Convention. Northern Ireland. The Committee notes, once again, that the Equality Act 2010 is not applicable in Northern Ireland and that teachers are excluded from the protection against discrimination on the grounds of religious belief. It notes with interest that the Racial Equality Strategy 2015–25 for Northern Ireland has been adopted. This document acknowledges that “a significant gap has opened up between the protections offered in Great Britain and [Northern Ireland]”. Among its proposed actions is the review of the Race Relations (Northern Ireland) Order 1997, and other relevant aspects of legislation. It also raises the question of whether ethnic monitoring should be introduced. The Committee notes that the Strategy commits, inter alia, to: giving stronger protection against racial harassment, including of employees by clients or customers; removing or modifying certain exceptions, including those relating to immigration and the employment of foreign nationals in the civil, diplomatic, armed or security and intelligence services and by certain public bodies; expanding the scope of positive action which employers and service providers can lawfully take in order to promote racial equality; increasing protection under the race equality legislation for individuals against victimization; introducing protection against multiple discrimination; strengthening tribunal powers to ensure effective remedies for complainants bringing racial discrimination complaints; and reviewing the Fair Employment and Treatment (NI) Order 1998, so as to require registered employers to collect monitoring information as regards nationality and ethnic origin of their employees and job applicants. The Committee once again asks the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief and to provide information on any development relating thereto. It also asks the Government to provide detailed information on the implementation of the Racial Equality Strategy 2015–25 for Northern Ireland.

Enforcement. The Committee notes with interest that the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduced a requirement to pay a fee to initiate proceedings in employment tribunals, has now been revoked and that the number of discrimination claims has begun to increase in consequence. It also notes again that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA) has repealed section 138 of the Equality Act 2010, which allowed a potential victim of discrimination to submit a list of questions to the potential respondent in order to overcome the difficulties in identifying whether discrimination has occurred. In this regard, the Committee recalls, once again, that the burden of proof can be a significant obstacle to justice, particularly as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer. The Committee further notes that section 2 of the Deregulation Act 2015 amended section 124 of the Equality Act 2010, removing the employment tribunals’ power to make wider recommendations. The Committee asks the Government, once again, to provide information on the administrative and judicial decisions concerning the implementation of the Convention, as well as statistical information on trends in the number of discrimination claims before employment tribunals and their rates of success. It further asks the Government to provide information on the impact of the removal of the employment tribunals’ power to make wider recommendations.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. The Committee notes the Enterprise and Regulatory Reform Act 2013 (ERRA) section 97 which amends section 9(5) of the Equality Act 2010. Pursuant to the amendments the Minister must by order provide for caste to be an aspect of race. The Committee notes the Government’s indication that preparatory independent research on a possible definition of caste has been concluded and will be submitted to full consultation. The Government further indicates that there is no intention to provide explicit legal protection for political opinion and that depending on the specific facts of the case, domestic courts may determine that a person’s political belief can amount to a philosophical belief protected under the Equality Act 2010. Moreover, following the amendment to section 108 of the Employment Rights Act 1996, claimants will be able to bring a claim to the Employment Tribunal irrespective of how long they have been working for their employer. The Committee recalls 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 requests the Government to provide information on any development concerning the inclusion of caste-based discrimination as an aspect of race in section 9 of the Equality Act 2010. The Committee also requests the Government to indicate the steps taken to ensure that emerging forms of discrimination that may lead to discrimination based on political opinion are being adequately monitored. Please provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is ensured in practice.

Discrimination on the basis of religion. The Committee has been referring to barriers to employment faced by Muslims including discrimination, lack of suitable training and educational underachievement. The Government indicates that following the 2013 European Court of Human Rights judgments in four combined cases (Eweida and Chaplin v. the United Kingdom and Ladele and McFarlane v. the United Kingdom) about religious rights in the workplace, the Equality and Human Rights Commission (EHRC) published new guidance to help employers develop policies and practices that protect religion and beliefs in the workplace. The Government also refers to the programme on “Equal Rights, Equal Respect” in schools which includes activities to combat prejudice and negative stereotypes. The Committee requests 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 the access to employment and education by Muslims. Please provide statistical information in this respect 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.

Article 1(1)(b). Workers with disabilities. The Committee notes the research carried out by the Government in the framework of the Disability and Health Employment Strategy according to which lack of qualifications and job opportunities as well as reticence from employers were the most commonly reported barriers. The research highlighted the importance of employer incentives to boost employment of workers with disabilities. The Committee notes that according to the progress report of the “Equality Strategy Building a Fairer Britain”, a Disability Strategy is under elaboration. 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. Please provide information on the adoption of the Disability Strategy.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on the progress made regarding access of women to higher posts in the civil service. The Committee notes however, that although women made up 53 per cent of all employees in the civil service, less than two-thirds of them worked full time compared with 90 per cent of male civil servants. The Government refers to the adoption of the Women and the Economy Action Plan of November 2013 oriented at enhancing educational and career choices for girls, career progression, returning to work and childcare measures, retraining of older women workers and promoting enterprise. The Government has also adopted measures to increase childcare support, shared parental leave and flexible working arrangements. The Committee requests 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 this regard, please include information on the impact of the measures taken regarding child-care support, the shared parental leave and the 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. The Committee notes that the Government provides detailed statistical information on ethnic minority employment rates showing an increase in the employment rate of the Pakistani/Bangladeshi population from 35 per cent in 1993 to 50 per cent in 2012, and a decrease in their unemployment rates from 32 per cent in 1993 to 17 per cent in 2012. The Government indicates that the number of senior civil servants with an ethnic minority background has doubled since 2003. The Committee notes that the Government provides extensive information including progress reports, on the measures taken to promote equality of opportunity and treatment of ethnic minority groups. The Committee notes in particular the measures adopted by the Ethnic Minority Employment Stakeholder Group (EMESG) and the Department of Work and Pensions (DWP) concerning recruitment, in-work poverty and improvement of workplace practices and the programme “Equal Rights, Equal Respect” which also addresses stereotypes regarding ethnic minorities. The Committee notes from the progress report on the “Equality Strategy Building a Fairer Britain” report that ethnic minorities face greater difficulty to access financial institutions and that measures have been adopted in this respect. The Progress Report by the Ministerial Working Group on Tackling Inequalities Experienced by Gypsies and Travellers (2012) also refers to measures envisaged to tackle specific problems of Roma and Travellers, including access to skills support and financial inclusion. The Committee further notes that Glasgow Works, in partnership with the Scottish Government, launched an Ethnic Minority Toolkit “Working with Ethnic Minority Clients” in 2011 which highlights issues that affect the employability of people from ethnic minority communities. The Committee requests the Government to continue to provide concrete information on the measures taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes. Please indicate the impact, including statistics, of these measures 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.

Article 3(a). Equality bodies. The Committee notes the information provided by the Government concerning the role of the Government Equalities Office, the EHRC and the Equality Advisory Support Service in the implementation of the Equality Act 2010. The Committee notes that the EHRC, which now brings together the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission, monitors and assesses how public bodies comply with the Public Service Equality Duty (PSED) provided for in section 149 of the Equality Act 2010 and has published two reports on this respect. The Committee notes, in particular, that the effectiveness of the PSED is currently under review. The Committee requests the Government to continue to provide concrete information on the activities carried out by the Government Equalities Office, the EHRC and the Equality Advisory Support Service, including with respect to the implementation of the PSED, and any difficulties encountered by these institutions in the elimination of discrimination and in the promotion of equality of opportunities and treatment for men and women, including specific minority groups, with respect to the grounds provided for in the Convention.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 to 3 of the Convention. Northern Ireland. In its previous observation, the Committee noted that the Equality Act 2010 is not applicable in Northern Ireland. It further referred to the exclusion of teachers from the protection against discrimination on the ground of religious belief and to the implementation of the Race Equality Strategy for Northern Ireland. The Committee notes the Government’s indication that there are currently no plans to develop a Single Equality Bill for Northern Ireland and that the Office of the First Minister and deputy First Minister continues to legislate in order to provide legal protection against discrimination and to promote equality of opportunity. With respect to the exclusion of teachers from protection against discrimination, the Government indicates that following the recommendation from the Equality Commission to abolish the exception, an Assembly motion in April 2013 called on the Office of the First Minister and deputy First Minister to repeal the exception to ensure equal opportunity. The Government further indicates that formal consultation on a new revised Racial Equality Strategy for Northern Ireland (entitled “A Sense of Belonging – Delivering Social Change through a Racial Equality Strategy for Northern Ireland 2014–24”) was launched between 19 June and 10 October 2014. The consultation seeks views on, among other matters, the need for reform of race legislation in Northern Ireland and the proposals put forward by the Equality Commission, including the provision of increased protection against discrimination and harassment on the grounds of colour and nationality across the scope of the race equality legislation. It also seeks views on how the Strategy should be implemented. Taking into account the Assembly motion in April 2013, the Committee requests the Government to take steps to abolish the exclusion of teachers from protection against discrimination on the ground of religious belief and to provide information on any development relating thereto. The Committee further requests the Government to provide information on the results of the consultation launched in 2014 concerning the Racial Equality Strategy for Northern Ireland, as well as on the specific legislative measures adopted by the Office of the First Minister and deputy First Minister to address discrimination and the promotion of equality of opportunity and treatment in employment and occupation.

Enforcement. The Committee notes the adoption in July 2013 of the Employment Tribunals and Employment Appeal Tribunal Fees Order 2013, which introduces a requirement to pay a fee to initiate proceedings in employment tribunals. The Committee notes from the statistics compiled by the Ministry of Justice that, since the introduction of these fees the number of discrimination claims has dropped considerably. The Committee refers in this respect to its comments on the application of the Equal Remuneration Convention, 1951 (No. 100). It also notes that section 66 of the Enterprise and Regulatory Reform Act 2013 (ERRA), repeals section 138 of the Equality Act 2010, which allowed a potential victim of discrimination to submit a list of questions to the potential respondent in order to overcome the difficulties in identifying whether discrimination has occurred. The Committee further notes the intention expressed by the Government in its report to repeal section 124 of the Equality Act 2010 pursuant to which employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in future. Recalling that the burden of proof can be a significant obstacle to justice, particularly as much of the information needed in cases related to equality and non-discrimination is in the hands of the employer, the Committee requests the Government to provide further information on the reasons for the repeal of section 138 and the possible repeal of section 124 of the Equality Act 2010. The Committee requests the Government to continue providing information on the administrative and judicial decisions concerning the implementation of the Convention, as well as statistical information on trends in the number of discrimination claims before employment tribunals.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. The Committee notes that the “protected characteristic” of race in the Equality Act 2010 is defined in section 9 to include colour, nationality, ethnic or national origins, and that by order a Minister may amend the section “to provide for caste to be an aspect of race” (section 9(5)(a)) or amend the Act so as to provide for an exception to a provision to apply or not apply to caste, or to apply or not apply to caste in specified circumstances (section 9(5)(b)). The Committee also notes that the United Nations Committee on the Elimination of Racial Discrimination (CERD) has raised the issue of the existence of caste-based discrimination and harassment in the context of work, and has recommended that section 9(5)(a) be invoked in order to provide remedies to victims of caste-based discrimination (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 30). The Committee, recalling its previous comments, notes that the Equality Act does not provide protection against discrimination based on political opinion. Recalling the need to ensure effective protection against discrimination based on at least all the grounds enumerated in Article 1(1)(a) of the Convention, the Committee asks the Government to invoke section 9(5)(a) of the Equality Act so that caste based discrimination, which is a manifestation of discrimination based on social origin, is covered, and also to take steps to ensure effective protection against discrimination based on political opinion, and to provide information of steps taken in this respect. Please also provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is provided in practice.

Discrimination based on race, colour or national extraction. The Committee is aware of the recent riots in the country, and notes the concerns raised by CERD regarding the racial undertones of these events, as well as reports of the increase in attacks on and negative portrayal of various groups, including ethnic minorities and immigrants. The Committee also notes the poor employment outcomes of Roma and travellers, as well as the increased negative stereotyping and stigmatization of these communities (ibid., paragraphs 9, 11 and 27). The Committee asks the Government to take measures to promote tolerance of and combat negative stereotypes related to, ethnic minorities, migrant workers, Roma and travellers, and to provide information on steps taken in this regard. It also requests the Government to provide information on steps taken to ensure protection against discrimination based on race, colour or national extraction in employment and occupation.

Sex discrimination. Sexual harassment. The Committee notes the provisions of the Equality Act prohibiting harassment, which include sexual harassment, including both quid pro quo and hostile environment sexual harassment (sections 26 and 40). The Committee asks the Government to provide information on the application of sections 26 and 40 of the Equality Act, with respect to sexual harassment in employment and occupation, including any interpretation of the limitations set out in section 26(4). Noting the absence of a reply from the Government, the Committee again requests information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces, and on the implementation of the new Partnerships Agreement between the Ministry of Defence and the Equality and Human Rights Commission with respect to the equality strands (namely, equality target groups). The Committee also requests information on any further measures taken to prevent and address sexual harassment in employment and occupation.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by Muslims to employment, including discrimination, lack of suitable training and educational underachievement. The Committee noted that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not address directly the issue of display of religious symbols in employment, but that this issue is referenced in judicial decisions. Noting the absence of a reply on this point, the Committee again asks the Government to provide information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by Muslims.

Multiple discrimination. The Committee notes that the Equality Act addresses combined discrimination, which does not, however, cover the protected grounds of marriage and civil partnership or pregnancy and maternity (section 14(2)). Pursuant to section 14, discrimination can arise because of a combination of two relevant protected characteristics, though it is limited to cases of direct discrimination, and the complainant needs to show that there was direct discrimination because of each of the characteristics in the combination taken separately. The Committee asks the Government to confirm whether section 14 is in force, or when it is due to come into force. The Committee also requests the Government to provide information on the practical application of the provisions relating to combined discrimination, including the number of cases filed, and the results thereof. The Committee also asks the Government to indicate whether consideration is being given to extending combined discrimination to cases of indirect discrimination, or to addressing the intersecting nature of various grounds of discrimination. The Committee would also welcome information on the rationale for excluding certain protected grounds from being raised as combined discrimination, as well as for limiting combined discrimination to only two grounds.

Article 1(1)(b). Age discrimination. The Committee notes the Government’s indication that regulations have been adopted pursuant to which employers are no longer required to use the default retirement age – they can choose to use a higher age or have no normal retirement age. The Government also states that an evidence-based review of the default retirement age will be undertaken, and if evidence suggests that it is no longer needed or no longer appropriate, it could be removed. The Committee asks the Government to provide a copy of the amendments to the Employment Equality (Age) Regulations, 2006, or of any other regulations relating to age discrimination, and to provide information on the practical application of the laws and regulations in force in this context, including the number and outcome of age discrimination complaints. Please also provide information of the outcome of and follow-up to the review of the default retirement age.

Workers with disabilities. The Committee notes also the Government’s indication that the employment rate of disabled people in Great Britain has increased 9.7 per cent since 1998 to 47.5 per cent. It also notes the adoption by the Scottish Government of the Supported Employment Framework entitled “A working life for all disabled people”. The Government states that the framework sets out an alternative model of supported employment that involves a staged approach of progression to move disabled people towards sustained, mainstream employment. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment of workers with disabilities, and on the impact of such measures.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes with interest the information provided regarding the impact of the gender equality duty on increasing women’s representation in areas where they were traditionally under-represented, in particular in overcoming barriers to recruiting women as firearms officers in the Metropolitan Police through positive action measures. The Government indicates that through consultation several barriers faced by women were identified, namely the written application process, the job-related fitness test, a lack of information and guidance, myths about the department, and lack of support. A range of action was undertaken to address these barriers, including training female firearms officers to mentor female applicants, coaching on how to complete the application form, and, acknowledging the difference between men and women’s physiologies, providing training programmes equipping women to pass the fitness test under the same conditions as men. The Committee notes further that according to the Government, there is no specific statutory duty on public authorities in Wales to prepare gender equality schemes, though they are subject to the general equality duty. The Committee also notes the information provided on the range of measures undertaken by the Women and Work Commission, including projects to increase the availability of quality, part-time work, the Women’s Enterprise Task Force to accelerate women’s enterprise development, the continuation of the Women and Work Sector Pathways initiative which supports innovative projects to help women progress in their careers, including in areas where they have been under-represented, and measures taken to ensure that career advice is free from gender stereotyping. The Committee asks the Government to provide information on the impact of the new single equality duty on promoting equality of opportunity and treatment between men and women in the public sector, including in Wales and Scotland, as well as on the adoption of gender equality schemes. Please also continue to provide information on the measures taken to improve equality of opportunity and treatment between men and women in the public and private sectors and the impact of such measures, including any follow-up to the measures taken by the Women and Work Commission.

Measures to support workers with family responsibilities. The Committee notes the information provided regarding the amendments to the Childcare Act 2006 and updates on the implementation of the Work and Families Act 2006, including extending the right to request flexible working hours to parents of children under 16, and providing additional paternity leave to working fathers. The Government indicates its continued commitment to extending the right to request flexible working hours to all and to promoting a system of shared parental leave. The Committee asks the Government to continue to provide information on the measures taken to promote equality of opportunity and treatment for workers with family responsibilities, including with respect to the amendments to the Childcare Act 2006 on the availability of early childcare services and the implementation of the Work and Families Act, including the number of men and women requesting, and those undertaking, flexible working arrangements. Please also provide information on measures taken to extend the right to request flexible working and to promote a system of shared parental leave.

Equality of opportunity and treatment of ethnic minorities. The Committee notes the Government’s acknowledgement that the employment rate of Pakistanis and Bangladeshis remains lowest among ethnic minority groups at 47 per cent and 45 per cent respectively, with rates for women in these groups being even lower (27 per cent and 29 per cent, respectively). The Government also indicates that the proportion of civil service employees from minority ethnic backgrounds in 2009 was 8.9 per cent, compared with 8.5 per cent in 2008. The Government also states that the Department of Work and Pensions (DWP) aims to raise the ethnic minority employment rate and to narrow the gap between the ethnic minority rate and the overall rate. The Committee notes the range of research projects sponsored by the DWP including on racial discrimination in recruitment practices, evaluation of race equality procurement pilot programmes, and advising on the development of a race equality employment index. The Committee also notes the work of the Ethnic Minority Advisory Group and Ethnic Minority Employment Task Force to which the Government refers, as well as the measures taken by the Scottish Government. The Committee asks the Government to continue to provide information on the measures undertaken to promote equality of opportunity and treatment of ethnic minority groups, and requests the Government to indicate the concrete impact of these measures in reducing the ethnic minority employment gap, including for Pakistani and Bangladeshi women and men, in the public and private sectors. Please also provide information on the follow-up to the Glasgow Works partnership, which was due to end in 2010, as well as to the research sponsored by the DWP. The Committee requests the Government to clarify whether impact assessments on race inequality have been and will continue to be prepared by public bodies, and the effect of such assessments.

Article 3. Cooperation of employers’ and workers’ organizations. The Committee notes that according to the Government a programme of exemplar initiatives by employers has been launched, including projects to encourage women to find out about and enter jobs traditionally held by men, supporting mothers returning to work, and creating better quality opportunities to work part-time. The Government states that 113 exemplar employers from the public and private sectors are taking part. The Government also provides information on the Scottish Union Learning Fund, promoting activity by trade unions to support lifelong learning. The Committee asks the Government to provide information on the impact of the programme of exemplar initiatives by employers, and the Scottish Union Learning Fund on equality and non-discrimination in employment and occupation. Please also provide further information on any other measures taken in cooperation with employers’ and workers’ organizations to promote equality of opportunity and treatment in employment and occupation.

Article 4. National security. The Committee notes that the Equality Act has a blanket exception related to national security, providing that “a person does not contravene this Act only by doing, for the purpose of safeguarding national security, anything it is proportionate to do for that purpose” (section 192). The Act also provides for modified rules of procedure in the interest of national security (section 117). The Committee asks the Government to provide information on the practical application of the national security exception to the Equality Act, including the number and nature of cases in which such an exception has been raised, and the impact of the exception on employment and occupation.

Article 5. Protective measures regarding women. The Committee notes that pursuant to schedule 22 of the Equality Act, protective measures with respect to women in the context of Part 5 of the Act (work) are permitted. The Committee requests the Government to provide information on the specific restrictions on women’s employment currently in force or envisaged, and the rationale for such restrictions.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes the Government’s indication that pursuant to the Equality Act, employment tribunals are able to make recommendations in discrimination cases to benefit the wider workforce and prevent similar discrimination from occurring in the future (section 124). The Committee welcomes the summaries of relevant cases relating to the Convention attached to the Government’s report, as well as the information on the number and nature of discrimination cases dealt with by the employment tribunals. The Committee requests the Government to continue providing information on the judicial and administrative decisions involving questions relating to the application of the Convention, and to provide specific information on any broader recommendations of the employment tribunals regarding discrimination in employment and occupation, and the impact of such recommendations on the wider workforce. Noting the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination regarding proposed budget cuts to the Equality and Human Rights Commission (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 15), the Committee hopes that the Commission will be given the necessary means and resources, both human and financial, to fulfil its expanded mandate, and asks the Government to provide specific information in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislative developments. The Committee notes that the majority of the provisions of the Equality Act 2010, which the Government indicates brings together nine major pieces of discrimination legislation and approximately 100 statutory instruments, came into force in October 2010, with some provisions, including those related to the public sector equality duty, scheduled to enter into force in April 2011. Legislation that has been repealed as a consequence of the adoption of the Equality Act includes the Sex Discrimination Act 1975, the Race Relations Act 1976, the Sex Discrimination Act 1986, and the Disability Discrimination Act 1995.

The Committee notes with interest that the new Act addresses discrimination on the basis of an expanded range of grounds (protected characteristics set out in section 4), namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation, a number of which are additional grounds as foreseen in Article 1(1)(b) of the Convention. Discrimination on these grounds is prohibited in access to employment, promotion, transfer, training, terms and benefits, facilities or services, dismissal or any other detriment, as well as occupational pensions; also with respect to contract workers; and in the context of employment services, which include vocational training and guidance (sections 39–41, 55–56 and 61). The Committee also notes that positive action is provided for in relation to recruitment and promotion (sections 158–159). The Act also provides that workers’ and employers’ organizations must not discriminate with respect to membership, benefits, facilities and services (section 57). The Committee notes further that the existing race, disability and gender equality duties have been brought together under the Equality Act, and there is now a single equality duty for public bodies, covering all the protected characteristics listed above, with the exception of marriage and civil partnership (section 149(7)). Pursuant to section 149, a public authority must have due regard to the need to eliminate discrimination, harassment and victimization; advance equality of opportunity; and foster good relations between those who share a protected characteristic and those who do not. It also allows for affirmative action. Pursuant to section 153, a Minister of the Crown, the Welsh Ministers and the Scottish Ministers may by regulation impose duties on a public authority, and section 155 provides for the possibility of imposing duties on a public authority that is a contracting authority in connection with its public procurement functions through regulations. The Committee also notes that the public sector equality duty “does not confer a cause of action at private law” (section 156). The Committee asks the Government to provide information on the implementation of the Equality Act 2010 as it relates to employment and occupation, including practical measures taken, the number and nature of cases brought and the results achieved. Please also provide information on the adoption of relevant regulations under the Act, including with respect to Wales and Scotland. The Committee also requests information on the application and impact of the public sector equality duty, including its application in the context of public procurement, as well as specific information on how the equality duty is monitored and enforced. The Committee also asks the Government to provide specific information on the role of the Government Equality Office, the Equality and Human Rights Commission and the Women and Work Commission in the implementation of the Act. Noting the Government’s indication that it is considering how to implement the new equality duty in a way that is best for business, public bodies and the public, the Committee asks the Government to provide specific information on steps taken in this regard.

Review of Equality Act and austerity measures. The Committee notes from the report of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that in the context of the austerity measures adopted in response to the current economic downturn, the measures envisaged under the Equality Act are under scrutiny, and CERD expresses concern that some of the State’s achievements in the fight against inequality and discrimination are under threat of being diluted or reversed (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 13). The Committee urges the Government to monitor carefully the impact of the austerity measures on the employment situation of groups particularly vulnerable to the impact of the economic crisis, so as to address effectively any direct and indirect discrimination that may occur in employment and occupation on the grounds set out in the Convention. The Committee further hopes that the Government will make every effort to ensure that the measures envisaged under the Equality Act and progress achieved through previous action taken to address discrimination and promote equality of opportunity and treatment will not be adversely affected by the austerity measures, and asks the Government to provide information in this regard.

Northern Ireland. The Committee notes that the Equality Act is not applicable in Northern Ireland. The Committee also notes from a report of the Equality Commission for Northern Ireland of January 2011, that it considers that as a result of the enactment of the Equality Act, vulnerable and marginalized individuals in Northern Ireland have less protection against unlawful discrimination, harassment and victimization than those in Great Britain, and there is a need to streamline and modernise Northern Ireland equality law. The Commission provides a number of proposals for legislative reform in this context. The Committee also notes that while the Government provides information on the composition of the workforce by religion, no information is provided with respect to the Committee’s previous comments. The Committee has for a number of years raised concerns regarding the Fair Employment and Treatment (NI) Order, 1998, which excludes teachers from the protection against discrimination on the ground of religious belief, thus constituting a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee again urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Government to provide information on any progress made in this regard, as well as information on the following:

(i) the follow-up given to the proposals for legislative reform of the Equality Commission for Northern Ireland, including improving protection against discrimination based on colour or nationality; and

(ii) the implementation of the Race Equality Strategy for Northern Ireland.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the recent adoption of the Equality Act 2010 which refers to the following protected characteristics: age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex or sexual orientation. The Committee will examine this Act in depth next year together with the Government’s report which has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

…

Equality of opportunity and treatment for men and women in employment. The Committee notes the information in the Government’s report regarding the implementation of the Government Action Plan to follow up on the Women and Work Commission’s (WWC) recommendation. It notes in particular the Women and Work Sector Pathways initiative, the Quality Part-time Work initiative, and the work by Opportunity Now. The Committee notes from the WWC’s report entitled “Shaping a Fairer Future. A review of the recommendations of the Women and Work Commission three years on” (2009) that progress has been made in the area of skills development but that more action is needed to promote quality part-time and flexible work for women. As tackling gender inequality in the education system is an important means to address occupational segregation, the WWC further recommends the adoption of a national strategy in this regard, with particular focus on children of 14 years and under. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment, and asks the Government to provide information on any follow-up given to the 2009 recommendations of the WWC, and their impact on reducing occupational gender segregation.

Sexual harassment. The Committee notes the efforts made to implement the action plan to address sexual harassment in the armed forces. It also notes that the Equality and Human Rights Commission (EHRC) and the Ministry of Defence agreed to work in the course of 2009 towards a new partnerships agreement covering all the equality strands for which the EHRC is responsible. The Committee asks the Government to provide information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces. Please also supply information on the implementation of the new Partnerships Agreement between the Ministry of Defence and the EHRC with respect to the equality strands.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by people of Muslim faith to employment, including discrimination, lack of suitable training and educational underachievement. The Committee notes that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not directly address the issue of display of religious symbols in employment, but that this is referenced in judicial decisions. The Committee further notes the decisions handed down by the employment tribunals concerning discrimination based on religion in employment and the activities carried out by the Government to provide guidance and awareness concerning the new legislation. The Committee welcomes this information and asks the Government to continue to supply copies of relevant cases concerning religious discrimination dealt with by the employment tribunals, as well as information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by people of the Muslim faith.

…

Ethnic minorities. The Committee notes the Labour Force Survey statistics showing that since 2006 the overall ethnic minority employment gap has narrowed, and that the employment rate of all ethnic minority groups was above 60 per cent in the first quarter of 2008. However, the employment rates of Pakistani and Bangladeshi adults continue to be considerably lower (46 per cent and 43 per cent respectively), with the rate for women in these groups being the lowest (26 per cent); Pakistanis and Bangladeshis also remain underrepresented in managerial and professional occupations. The Committee welcomes the continued research on barriers facing ethnic minority men and women in the labour market, and the programmes by the Ethnic Minority Employment Task Force to test the impact of equality conditions in contracts. The Committee further notes the detailed information in the Government’s report regarding the various initiatives supported or undertaken by the Government, such as Job Centre Plus, the National Skills Academies, skills for jobs and the local employment partnerships, to improve access to vocational training and guidance, and which focus on the most disadvantaged groups in the labour market. It also notes the information on the educational and skills development initiatives by the Governments of Wales and Scotland. The Committee requests the Government to indicate how these programmes have specifically helped to improve equality of opportunity and treatment of ethnic minorities, and in particular Pakistani and Bangladeshi men and women, and to reduce the ethnic minority employment gap.

Employment in the public sector. The Committee notes the civil service statistics for 2007, and the Government’s indication that the 2008 evaluation of the Public Service Agreement SR4 delivery plan showed relatively slow progress with respect to improving representation levels in the senior posts of the civil service. In 2007, 30.7 per cent of senior civil service posts were held by women (where the sub-target was 37 per cent). The Committee further notes that the percentage of Black and other ethnic minority civil servants has risen from 5.7 per cent in 1997 to 8.3 per cent in 2007, but remains low. Staff members from ethnic minorities continue to be more highly represented in junior rather than in senior grades. The Committee notes that the Government’s report does not provide any information on the effect of impact assessments on race-based inequality prepared by public bodies, as required under the legislation. The Committee asks the Government to step up its efforts to increase the percentage of women, Black and other ethnic minority people in the civil service, particularly in senior posts, and to continue to provide information, including statistics, on the results achieved in this regard. Please also provide information on the effect of the impact assessment on race-based inequality prepared by public bodies.

Northern Ireland. The Committee recalls that the Fair Employment and Treatment (NI) Order, 1998, excludes teachers from the protection against discrimination on the ground of religious belief. The Committee notes the Government’s indication that the Department of Education will respond to final proposals for this exemption under the Equality Bill and await the establishment of the Education and Skills Authority before undertaking any consultation on the future of the exemption. The Committee recalls that upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Committee to provide information on any progress made in this regard. Please also provide information on the following:

(i)    any steps taken to explore legislative options to include the ground of colour among the prohibited grounds of discrimination;

(ii)   the implementation of the Race Equality Strategy for Northern Ireland; and

(iii)  the status of the Equality Bill for Northern Ireland.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislative developments. The Committee notes with interest the adoption of the Child Care Act 2006 and the Work and Family Act 2006, which entered into force in 2007, as well as secondary legislation. It also notes the other measures taken by the Government to assist workers with family responsibilities. The Committee notes the consultation process regarding the proposed Equality Bill, which was introduced in the House of Commons on 24 April 2009, and published on 27 April 2009 for further consultation. It also notes the “Framework for a Fairer Future – the Equality Bill” published by the Government Equalities Office (GEO) in 2008 outlining the steps for further streamlining and strengthening the law. The Committee asks the Government to continue to report on the progress made towards the adoption of the Equality Bill. Having noted the Government’s commitment to promote equality of opportunity and treatment for workers with family responsibilities, the Committee encourages the Government to consider ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156).

Equality of opportunity and treatment for men and women in employment. The Committee notes the information in the Government’s report regarding the implementation of the Government Action Plan to follow up on the Women and Work Commission’s (WWC) recommendation. It notes in particular the Women and Work Sector Pathways initiative, the Quality Part-time Work initiative, and the work by Opportunity Now. The Committee notes from the WWC’s report entitled “Shaping a Fairer Future. A review of the recommendations of the Women and Work Commission three years on” (2009) that progress has been made in the area of skills development but that more action is needed to promote quality part-time and flexible work for women. As tackling gender inequality in the education system is an important means to address occupational segregation, the WWC further recommends the adoption of a national strategy in this regard, with particular focus on children of 14 years and under. The Committee encourages the Government to continue its efforts to promote equality of opportunity and treatment in employment, and asks the Government to provide information on any follow-up given to the 2009 recommendations of the WWC, and their impact on reducing occupational gender segregation.

Sexual harassment. The Committee notes the efforts made to implement the action plan to address sexual harassment in the armed forces. It also notes that the Equality and Human Rights Commission (EHRC) and the Ministry of Defence agreed to work in the course of 2009 towards a new partnerships agreement covering all the equality strands for which the EHRC is responsible. The Committee asks the Government to provide information on the impact of the action plan on preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed forces. Please also supply information on the implementation of the new Partnerships Agreement between the Ministry of Defence and the EHRC with respect to the equality strands.

Discrimination on the basis of religion. The Committee recalls its previous comments in which it noted the barriers faced by people of Muslim faith to employment, including discrimination, lack of suitable training and educational underachievement. The Committee notes that the Employment Equality (Sexual Orientation, Religion or Belief) Regulations do not directly address the issue of display of religious symbols in employment, but that this is referenced in judicial decisions. The Committee further notes the decisions handed down by the employment tribunals concerning discrimination based on religion in employment and the activities carried out by the Government to provide guidance and awareness concerning the new legislation. The Committee welcomes this information and asks the Government to continue to supply copies of relevant cases concerning religious discrimination dealt with by the employment tribunals, as well as information on measures taken to address stereotyped attitudes concerning religion in the workplace and to address the barriers to employment and education faced by people of the Muslim faith.

Political opinion and social origin. The Committee notes the Government’s statement that in Britain there are no legal remedies available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin in employment and vocational training. It notes the Government’s position that the forthcoming Equality Bill should cover discrimination on the basis of nine grounds, but these would not include political opinion and social origin. The Committee recalls that where legislative provisions are adopted to give effect to the principle of non-discrimination contained in the Convention, they should include all of the grounds set forth in Article 1(1)(a) of the Convention. The Committee urges the Government to take steps to ensure that the grounds of political opinion and social origin are included in the new Equality Bill, and to indicate how non-discrimination based on these grounds is ensured in practice with respect to access to employment and vocational training.

Ethnic minorities. The Committee notes the Labour Force Survey statistics showing that since 2006 the overall ethnic minority employment gap has narrowed, and that the employment rate of all ethnic minority groups was above 60 per cent in the first quarter of 2008. However, the employment rates of Pakistani and Bangladeshi adults continue to be considerably lower (46 per cent and 43 per cent respectively), with the rate for women in these groups being the lowest (26 per cent); Pakistanis and Bangladeshis also remain underrepresented in managerial and professional occupations. The Committee welcomes the continued research on barriers facing ethnic minority men and women in the labour market, and the programmes by the Ethnic Minority Employment Task Force to test the impact of equality conditions in contracts. The Committee further notes the detailed information in the Government’s report regarding the various initiatives supported or undertaken by the Government, such as Job Centre Plus, the National Skills Academies, skills for jobs and the local employment partnerships, to improve access to vocational training and guidance, and which focus on the most disadvantaged groups in the labour market. It also notes the information on the educational and skills development initiatives by the Governments of Wales and Scotland. The Committee requests the Government to indicate how these programmes have specifically helped to improve equality of opportunity and treatment of ethnic minorities, and in particular Pakistani and Bangladeshi men and women, and to reduce the ethnic minority employment gap.

Employment in the public sector. The Committee notes the civil service statistics for 2007, and the Government’s indication that the 2008 evaluation of the Public Service Agreement SR4 delivery plan showed relatively slow progress with respect to improving representation levels in the senior posts of the civil service. In 2007, 30.7 per cent of senior civil service posts were held by women (where the sub-target was 37 per cent). The Committee further notes that the percentage of Black and other ethnic minority civil servants has risen from 5.7 per cent in 1997 to 8.3 per cent in 2007, but remains low. Staff members from ethnic minorities continue to be more highly represented in junior rather than in senior grades. The Committee notes that the Government’s report does not provide any information on the effect of impact assessments on race-based inequality prepared by public bodies, as required under the legislation. The Committee asks the Government to step up its efforts to increase the percentage of women, Black and other ethnic minority people in the civil service, particularly in senior posts, and to continue to provide information, including statistics, on the results achieved in this regard. Please also provide information on the effect of the impact assessment on race-based inequality prepared by public bodies.

Northern Ireland. The Committee recalls that the Fair Employment and Treatment (NI) Order, 1998, excludes teachers from the protection against discrimination on the ground of religious belief. The Committee notes the Government’s indication that the Department of Education will respond to final proposals for this exemption under the Equality Bill and await the establishment of the Education and Skills Authority before undertaking any consultation on the future of the exemption. The Committee recalls that upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Committee to provide information on any progress made in this regard. Please also provide information on the following:

(i)    any steps taken to explore legislative options to include the ground of colour among the prohibited grounds of discrimination;

(ii)   the implementation of the Race Equality Strategy for Northern Ireland; and

(iii) the status of the Equality Bill for Northern Ireland.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s detailed report on the application of the Convention in England, Scotland, Wales and Northern Ireland.

1. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes with interest the report and recommendations prepared by the Women and Work Commission (WWC) and refers the Government in this regard to the Committee’s comments under the Equal Remuneration Convention, 1951 (No. 100). It notes in addition the completion of the Equal Opportunities Commission’s (EOC) investigation into occupational segregation in which the EOC found that there was a failure to provide real opportunity and choice for girls and boys to enter work via vocational training and that the current education system was, in particular, failing girls from lower socio-economic groups. The investigation further found a link between the under‑representation of women in certain sectors and skills shortages in occupations such as construction, engineering, plumbing, ICT and childcare, which remain among the most heavily segregated sectors in the UK. Noting that the Government has already outlined a plan to tackle occupational segregation, the Committee asks, in light of the EOC’s and the WWC’s recommendations, for further information on the action taken and results achieved under this plan to encourage men and women into sectors where they are under-represented.

2. Sexual harassment. The Committee welcomes the information in the Government’s report on the efforts undertaken to raise awareness and provide guidance for workers and employers on the issue of sexual harassment in employment and occupation. It notes in this regard that the EOC began a formal investigation into sexual harassment in the armed services after deciding that there were sufficient grounds to believe that the harassment of servicewomen was frequent and that the measures in place to prevent and deal with it were inadequate. The Committee notes that the investigation was suspended after an agreement was reached with the Ministry of Defence on a three-phase action plan to deal with sexual harassment in the armed services. Noting that the plan is currently in its second phase and that the entire project is scheduled for completion in early 2008, the Committee asks the Government to keep it informed on the progress of this work and its impact in preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed services.

3. Discrimination on the basis of religion. The Committee notes the action taken by the Government to improve protection against religious discrimination in the provision of goods, facilities and services and to support the practical application of the Employment Equality (Religion or Belief) Regulations. It notes, however, from the Muslims in London report that based on 2001 census figures, Muslims have the lowest rates of employment and economic activity of all faith groups in London and that they face several barriers to employment including discrimination, lack of suitable training and educational underachievement. The Committee further understands that a case was recently decided in which a Muslim schoolteacher was suspended from her job at Headfield Church of England Junior School after refusing to remove her veil in the presence of male colleagues. Given that the Committee does not have the tribunal’s decision, the Government is requested to provide a copy along with its next report for the Committee’s consideration. Noting also that 172 cases of religious discrimination were dealt with by employment tribunals in 2004-05, the Committee asks for information on other cases relating to the display of religious symbols in employment or occupation and how the Employment Equality (Religion or Belief) Regulations address such situations. Please also provide information on awareness raising and other measures adopted to deal with negative attitudes towards religious minorities in the workplace and to promote and ensure equal opportunity and treatment for workers of different faiths.

4. Discrimination on the basis of political opinion and social origin. The Committee recalls its previous comment 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 Government reports that while employees who believe they have been unfairly dismissed may complain to an employment tribunal, there is no specific jurisdiction for dismissal on grounds of social origin or political belief and that there are therefore no examples of successful claims on these grounds. The Committee recalls the Government’s indication that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal. The Committee nonetheless asks the Government to indicate what legal remedies are available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin, not simply in cases of unfair dismissal but also with regard to access to employment and vocational training.

5. Ethnic minorities. The Committee welcomes the many studies undertaken on the situation of ethnic minorities in the labour market. It notes in particular the 2006 report entitled “Ethnic penalties in the labour market: Employers and discrimination”, which found that a number of ethnic minority groups, notably Pakistani, Bangladeshi, Black Caribbean and Black African men, continue to experience higher unemployment rates, greater concentrations in routine and semi-routine work and lower hourly earnings. The report also found that despite an improvement over time in the occupational levels of ethnic minorities, the employment situation of Pakistanis and Bangladeshis was a special cause for concern. The Committee notes that the Ethnic Minority Employment Task Force (EMETF) is responsible for taking forward the recommendations of the Prime Minister’s report on ethnic minorities in the labour market. In this capacity, the Task Force is leading an initiative for the use of public procurement contracts as a means to promote employment for ethnic minorities in the public sector. The Committee also understands that the Commission for Racial Equality’s (CRE) new statutory code of practice took legal effect in April 2006 and applies to all employers in England, Scotland and Wales, as well as workers, former workers and applicants for employment, promotion and training. The Government is requested to continue to supply detailed information on the labour market position of ethnic minorities along with information on the impact of the measures adopted to increase opportunities for these individuals in employment and occupation both in the public and private sectors. Please also provide specific information on what special efforts the Government is making to improve the opportunities for the Pakistani and Bangladeshi communities which have been identified as particularly disadvantaged on the job market. The Government is further asked to supply information on the practical effects of the CRE’s new code of practice in ensuring equal opportunity and treatment for ethnic minorities in employment and occupation.

6. Employment in the civil service – Great Britain. The Committee notes the figures on diversity in the civil service for 2004 showing that while female staff continued to be concentrated in positions of lower responsibility such as administrative work, there have been positive gains in the percentage of women in more senior posts. In this respect, the Committee notes the targets set under the Public Service Agreement SR04 delivery plan (PSA) to bring about measurable improvements in gender equality by 2008. With regard to ethnic minorities in the civil service, the Government reports that these individuals continue to be more highly represented in lower grade posts although modest improvement has been made towards achieving greater ethnic diversity among senior civil servants. The Committee asks the Government to provide information, including updated statistics, on progress made towards meeting its PSA targets for gender equality in the public service, particularly in light of the gender equality duty under the Equality Act 2006 and the recommendations of the WWC. Please also indicate the results of the Government’s efforts to promote greater ethnic diversity in the civil service, including the number and effect of Race Equality Impact Assessments prepared by public bodies as required under the Race Relations Act.

7. Northern Ireland. Recalling that the Race Relations (Northern Ireland) Order 1997 (RRO) does not cover the ground of colour, the Committee notes the Government’s indication in its Racial Equality Strategy for Northern Ireland (2005-2010) that it will explore legislative options to rectify this anomaly. Furthermore, with regard to the exemption of teachers from the protection of discrimination on the ground of religious belief under the Fair Employment and Treatment (NI) Order, 1998, the Government reports that the Equality Commission undertook a review and found widespread acceptance of the exemption simply as a consequence of the education system in Northern Ireland. The Equality Commission did, however, recommend a further restriction of this exemption to apply only to teachers in mainstream primary schools. The Government indicates that the Department of Education is considering the investigation findings and the Equality Commission’s recommendations. The Committee again reminds the Government that in spite of traditional views with respect to the local education system, upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. It, therefore, hopes that the Government will consider removing any exception with regard to discrimination against schoolteachers on the ground of religious belief and to keep the Committee informed of the Department of Education’s deliberations on this matter. The Committee also asks the Government to provide more information on the implementation and impact of the Racial Equality Strategy for Northern Ireland, specifically with regard to equal opportunity and treatment in employment and occupation. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Legislation. The Committee notes with interest the numerous legislative developments in the field of discrimination, in particular the adoption of the Equality Act 2006, establishing a new Commission for Equality and Human Rights (CEHR), and creating a duty for public authorities to promote equality of opportunity between men and women and prohibit sex discrimination. It also notes the adoption of the Employment Equality (Age) Regulations 2006, prohibiting discrimination on the basis of age in employment, self-employment, occupation and vocational training. The Committee further notes the adoption of the Disability Discrimination Act 2005, which extends the coverage of the 1995 Act to 250,000 people living with cancer, HIV infection and multiple sclerosis. The Government reports that, in addition to these developments, a discrimination law review (DLR) is under way, involving employers’ and workers’ representatives to address concerns that there are inconsistencies in the current anti-discrimination legislative framework. The Government anticipates that this review will lead to the drafting of a single equality bill. Noting that the CEHR will become operational in 2007, and that the final report of the DLR is due in the same year, the Committee asks the Government to keep it informed regarding the impact of these and other legal developments in promoting equal opportunity and treatment in employment and occupation. Please also provide information on the progress made towards the drafting of a single equality bill. Furthermore, noting that the age discrimination regulations came into force on 1 October 2006, the Committee asks the Government to provide information in its next report on this law’s practical application including the number and outcome of age discrimination complaints brought under these new regulations.

The Committee is raising other matters in a request addressed directly to the Government.

 

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

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s first report on the Convention, as well as the attached documentation and statistics.

1. Article 1 (Great Britain and Northern Ireland). The Committee notes that the Human Rights Act, 1998, which applies to Great Britain and Northern Ireland, gives effect to the rights and freedoms guaranteed under the European Convention of Human Rights and Fundamental Freedoms (ECHR), including the enjoyment of rights and freedoms without discrimination on the basis of, amongst others, sex, race, colour, religion, political or other opinion, and national or social origin. It also notes that the Race Relations Act, 1976 (RRA), the Race Relations (Northern Ireland) Order (RRO (NI)) of 1997, the Sex Discrimination Act, 1975 (SDA), and the Sex Discrimination (Northern Ireland) Order (SDO (NI)) of 1976 prohibit direct and indirect discrimination on the basis of racial grounds and sex, respectively, and that the Fair Employment and Treatment (Northern Ireland) Order (FETO) of 1998 prohibits discrimination on the basis of religious belief and political opinion, in employment and occupation, vocational training and related matters in the public and private sectors. It also notes that the definition of "racial groups" includes "race, colour and ethnic and national origin (and Irish Traveller Community for Northern Ireland)".

2. Considering that the Human Rights Act, 1998 only provides for a general protection from discrimination with respect to the rights and freedoms guaranteed in the ECHR, the Committee notes that there is currently no legislation in place to prohibit discrimination in employment and occupation on the basis of religion, political opinion (Great Britain), and social origin (in Great Britain and Northern Ireland). It notes, however, that new draft regulations prohibiting discrimination based on religious belief in employment and occupation are being discussed for Great Britain and are to be adopted in 2003. The Committee welcomes these legislative developments and asks the Government to provide a copy of the new regulations, once adopted. It also requests the Government to indicate the manner in which protection from discrimination is ensured in employment and occupation on the basis of political opinion and social origin in Great Britain, and on social origin in Northern Ireland.

3. The Committee notes that section 4(3) of the RRA, section 6(3) of the RRO (NI) and section 70(1)(b) of the FETO exclude employment for the purpose of private households from the protection from discrimination, except in cases of discrimination by way of victimization. Furthermore, section 71(1) and (2) of FETO provides that the Order does not apply to the employment of schoolteachers, but that the Equal Opportunities Commission (EOC) shall keep this exception under review with a view to considering whether it is appropriate that any steps be taken to further equality of opportunity in the employment of teachers in schools. The Committee requests the Government to provide information on how protection from discrimination on the basis of racial grounds, religion and political opinion is ensured for these workers and whether it intends to amend the RRA, the RRO (NI) and the FETO to include private households and schoolteachers. It also requests information on any measures, including legislative amendments, proposed by the EOC (NI) to further equality of opportunity between teachers of different religious belief.

4. The Committee notes that section 17(1) seems to exclude from the coverage of the SDA, discrimination against police officers (including sexual harassment) by other police officers than the Chief Constable or the police authority. It also notes that section 17(2) provides that regulations under the Police Act of 1996 shall not treat men and women differently except "in relation to pensions or in respect of special constables or police cadets". The Committee requests the Government to indicate whether it intends to amend the SDA, and in the meantime, to provide information on the practical application of section 17(1) and (2) of the SDA with regard to the provisions of the Convention.

5. The Committee notes that section 1(2) of the SDA allows for a much broader interpretation of the concept of indirect discrimination than the one included in section 1(1) of the RRA, and includes provisions shifting the burden of proof in prima facie cases of discrimination. Noting also that new draft regulations on racial discrimination in Great Britain and draft amendments of the SDO (NI) aim to introduce similar provisions, the Committee asks the Government to provide copies of those amendments, once adopted, and to keep it informed of any similar amendments to the RRO (NI) and FETO.

6. Article 2 (Great Britain). The Committee notes that statutory bodies have been established under the RRA (Race Equality Commission (REC)) and the SDA (Equal Opportunities Commission (EOC)) which have the mandate to work towards the elimination of discrimination and the promotion of equality of treatment and opportunities. The Government indicates in its report that the REC and the EOC have developed, respectively, a code of practice on sex discrimination and a code of practice on racial relations. The Committee requests the Government to continue providing information on the activities of these statutory bodies and to provide practical information on the manner in which the codes of practice have been used by the civil service, trade unions, employers and employment agencies in promoting the application of the Convention.

7. Furthermore, the Committee notes that section 71(1) of the Race Relations Act imposes a positive duty on specified public authorities (Schedule 1A of the RRA) to eliminate unlawful discrimination and to promote equality of opportunity between persons of different racial groups. The legislation affects both the services that the authorities provide as well as their internal employment policies, and is enforceable by way of judicial review. Noting that no similar duty exists with respect to the elimination of sex discrimination, the Committee asks the Government to indicate whether it intends to extend such a statutory duty to sex discrimination and to provide information on the effectiveness of the duty in promoting race equality in employment and occupation.

8. Northern Ireland. The Committee notes that the Equality Commission for Northern Ireland has additional powers to promote affirmative action and identify and review patterns of employment and occupation with respect to religious belief and political opinion. Furthermore, section 75 and Schedule 9 of the Northern Ireland Act place a statutory obligation on public authorities to carry out their functions with due regard to the need to promote equality of opportunity, among other things, between persons of different religious beliefs, political opinion or racial group, and between men and women. It notes that under section 2 of Schedule 9 of the Act, the relevant public authorities have the obligation to submit equality schemes on how they intend to fulfil their obligations under section 75 of the Act. The Committee asks the Government to provide information on any measures taken, including affirmative action, and any equality schemes adopted by relevant public authorities in the field of employment and vocational training to promote equality of opportunity and treatment as well as information on any resulting measures adopted.

9. Article 3 (Great Britain). The Committee takes note of the Government’s statement that while the number of women and racial minority staff employed in the civil service, including the senior civil service, has increased, equal representation of men and women and racial minority staff does not exist at all levels, and racial minorities and women are concentrated in the lower grades; the proportion of racial minority staff at senior level was 2.1 per cent in 2000. The Government indicates that the civil service has set a target for women to make up 35 per cent of the most senior jobs in 2005 and a target of 3.2 per cent has been set for racial minority staff. The Committee notes the measures taken by the Government to bring in more people from racial minorities at senior levels, including the Government’s Civil Reform Programme and the Government’s Diversity Agenda, and it would be grateful if the Government could continue to provide information on the progress made under these programmes, especially with respect to the target sets for the employment of women and racial minorities in higher level posts in the civil service.

10. The Committee notes that data from the Labour Force Survey of 2000 on the employment of women and racial minorities show that white adults remained more likely in employment than adults from racial minority groups (75 per cent compared to 58 per cent) and that overall, women’s employment rate is lower especially amongst the Indian and Pakistani minorities. Statistics also show that people from racial minority groups (Bangladeshi, Pakistani and Black Caribbean) are under-represented in managerial and professional occupations and that most racial minority groups remained over-represented in unskilled or semi-skilled manual occupations. Furthermore, women’s activity rates remain significantly lower than men’s due to the impact of home and family commitments on women’s participation. In addition, the Committee notes from a study published by the EOC on "Women and Men in Britain" that there exists a pronounced pattern of gender segregation in different industrial groupings and occupations, including managerial occupations where women still comprise less than a quarter of executives and only one in ten company directors. Female employment is concentrated in service industries (88 per cent) and non-manual occupations. Men are overwhelmingly concentrated in full-time jobs and large numbers of women work in part-time jobs (83 per cent of the part-time employees).

11. The Committee notes the various policy measures listed in the Government’s report targeted at disadvantaged groups in the labour market as well as the many series of initiatives undertaken by the Government, in cooperation with the social partners, especially the employers, and the EOC and the CRE to promote racial diversity and equal opportunity between men and women in employment and occupation. It notes in particular: (1) "Opportunity Now" that aims to look critically at the position of women employees and set targets to increase women’s representation at all levels of the workforce; (2) the guides for employers on racial diversity and sex discrimination, including sexual harassment and maternity rights; (3) the Policy Appraisal for Equal Treatment (PAET) and Gender Impact Guidelines for government departments; and (4) the Project of the Performance Innovation Unit (PIU) to increase participation of racial minorities in the labour market. The Committee requests the Government to continue to provide information on these and other measures taken or envisaged to promote racial diversity and equality of opportunity and treatment in employment between men and women, as well as on the manner in which they open a wider range of employment and occupation opportunities for women and racial minorities, including in managerial posts.

12. With respect to the situation of part-time workers, the Committee notes the high percentage of female part-time workers (more than 80 per cent of the part-time workers). It also notes that section 19 of the Employment Rights Act, 1999 provides that part-time workers will not be treated less favourably than comparable full-time workers unless different treatment is objectively justifiable. The Committee requests the Government to provide examples of different treatment of part-time workers that is "objectively justifiable" and to provide information on how it addresses indirect discrimination against part-time workers.

13. With respect to vocational training, the Committee notes that the available data indicate that participants from certain racial minority groups (Black African/Caribbean minorities) are less likely to obtain a job after having participated in existing training programmes. The data also indicate that apprenticeships and vocational training programmes generally reflect gender stereotypes and occupational segregation. The Committee notes the various initiatives described by the Government to promote equal opportunities for all in vocational training. It notes in particular that in 2001 the learning and skills councils (LSCs) prepared equal opportunities strategies and action plans to address under-representation and under-achievement in post-16 learning and that in 2002 the Government established centres of vocational excellence (CVEs) which have to ensure fair treatment for all. Noting also that an equal opportunities code of practice was produced for national training organizations (NTOs), the Committee would be grateful if the Government would supply copies of the code and the action plans of the LSCs, and provide information on the manner in which the training provided by the NTOs and the CVEs is opening up a broad range of occupations, free from considerations based on stereotypes or archaic conceptions that specific trades or occupations are supposedly reserved for persons of a particular sex or ethnic group.

14. Northern Ireland. The Committee notes that according to the 1999 Labour Force Survey Religion Report for Northern Ireland a higher proportion of Protestants (71 per cent) than Roman Catholics (62 per cent) of working age were in employment, with a higher proportion of men being employed than women (76 per cent of men and 65 per cent of women Protestants - 69 per cent of men and 55 per cent of women Roman Catholics). Data provided on the religious composition in nine major occupations for 2001 also show that only 38.9 per cent of Roman Catholics compared to 61.1 per cent of Protestants were managers and administrators and that the representation of Roman Catholics is the highest in elementary occupations. The Committee notes that the FETO requires certain private and public sector employers registered with the Equality Commission of Northern Ireland to submit monitoring returns, and that it allows employers to take affirmative action to promote equality of opportunity and treatment between different religious groups in the field of employment and occupation. Noting also that public authorities in Northern Ireland have the duty to submit equality schemes, the Committee requests the Government to indicate the manner in which these measures are promoting or securing equal participation in employment and vocational training of members of the Protestant and Catholic community.

15. Article 4 (Great Britain and Northern Ireland). The Committee notes the Government’s statement that "United Kingdom policy provides that any person who constitutes a threat to national security, safeguarding parliamentary democracy and maintaining the proper security of the Government’s essential services, should not be employed in connection with any work, which by its nature, is vital to the interests of the State". The Government indicates that a national security vetting (screening) system is in place to provide assurance about individuals with access to sensitive government information or assets. After having exhausted internal avenues of appeal, individuals can have recourse to an independent security vetting appeals panel. The Committee notes further that section 42 of the RRA, section 41 of the SDO, section 52 of the SDA, section 53 of the SDO and section 79 of the FETO provide that, an act justifiably done for the purpose of safeguarding the security of the State, shall not be unlawful discrimination, when the act is justified for that purpose. Persons who wish to appeal against the invocation of the national security exception can do so via employment tribunals or the industrial tribunals. Further, section 19B of the RRA prohibiting discrimination by public authorities, excludes the Security Service and the Secret Intelligence Service from its application. The Committee requests the Government to supply information on the practical application of these provisions as well as on the United Kingdom policy on national security, including information on the number of persons who have sought review of decisions based on the national security exception in the context of employment and occupation and the results of the reviews.

16. The Government is encouraged to supply information on any judicial decisions by the employment tribunals and industrial tribunals on cases of discrimination in employment and occupation on the grounds covered by the Convention, as well as any discrimination notices issued or investigations conducted by the various statutory bodies responsible for the elimination of discrimination and promoting equality of opportunity and treatment in employment and occupation. The Committee notes that, according to the Government, there is no power to award compensation for unintentional indirect discrimination in employment cases. It requests the Government to supply information on how victims of indirect discrimination (which is almost always unintentional) are compensated for violations of the provisions prohibiting indirect discrimination.