Assignment First


英國《就業平等法》是專門針對工作場所歧視行為的法律主體。作為英國勞動法的一個組成部分,基於某些“受保護的屬性”(如性取向、性別、信仰或宗教、種族、民事伴侶關系和婚姻、性別重置、殘疾和年齡)歧視某人是非法的。英國緊隨其後的主要立法是《2010年平等法案》(Equality Act, 2010),該法案禁止歧視除就業以外的私人服務和商品、公共服務和教育。在這方面,歐洲聯盟有三項主要指示的後續行動,並被認為是若幹不同法令的補充,例如《1997年防止騷擾法》。在這種背景下,員工應該考慮轉向基於能力的體系,確保招聘不符合個人規範,培訓經理在招聘中不歧視(Lane, 2013)。

英國的《反歧視法》主要來源於歐盟的《反歧視法》。這包括《歐洲聯盟條約》和歐洲聯盟的若幹指示,禁止基於若幹理由的歧視,包括種族、殘疾、年齡、性取向、信仰或宗教以及性別。在這方面,雇主應著重查明可能存在的歧視行為,同時審查少數群體和婦女薪酬的差異。根據英國2010年《平等法案》(Equality Act, 2010),這些保護措施得到了實施。眾所周知,該法案為員工提供了歐盟提出的權利之外的額外權利(Bell, 2011)。這些關系到生育、懷孕、重新分配、性別認同和夥伴關系地位。在這方面,雇主應考慮分析構成勞動力的因素,分析構成當地勞動力市場平臺的因素,並獲得關於立法要求的資料。






The employment equality law of UK is the main body of law responsible for legislating against actions that are prejudice-based within the workplace. As an integral element in the labour law of UK, it is illegal for discriminating against a person based on certain “protected attributes” that are sexual orientation, sex, belief or religion, race, civil partnership and marriage, reassignment of gender, disability and age. The prime legislation followed by UK is the Equality Act, 2010, outlawing discrimination with the accessibility of private services and goods, public services, and education apart from employment. In this context, there is a follow-up of three main Directives of European Union, and is considered as a supplement of a number of different Acts such as the Protection from Harassment Act, 1997. In this context, employees should consider moving towards systems based on competence, ensuring that recruitment is not in accordance with personal specifications, and training managers in recruitment by non-discrimination (Lane, 2013).
The discrimination law of UK mostly arises from the law of European Union. This includes the treaty of European Union and several directives of EU prohibiting discrimination on several grounds that include race, disability, age, sexual orientation, belief or religion and gender. In this context, employers should focus on identifying potential practices of discrimination, while auditing disparities of payment for minority groups and women. There is an implementation of these protections in accordance with the UK Equality Act, 2010, which is also known to be providing additional rights to employees beyond the ones presented by EU (Bell, 2011). These are related to maternity, pregnancy, reassignment, gender identity, and partnership status. In this context, employers should consider analysing the elements composing the workforce, elements composing the local labour market platform, and obtaining information on the requirements of legislation.
The most prominent change has been regarding the remedy of employment discrimination and the structure of proof. The burden of proof is reversed essentially in the cases of discrimination. When considering the issue of sex discrimination, the achievement of this was done by the Sex Discrimination Regulations, 2001, with the implementation of EC Burden related to Proof Directive. In this similar context, this has been achieved by the Directive of Article 13. As per section 63A (2) of the act, the following statement has been made (Sexual Discrimination Regulations, 2001):
Where on the hearing of the claim, the claimant proves facts from which the tribunal could, apart from this section, conclude in the absence of an adequate explanation that the respondent-
(a) has committed an act of discrimination against the complainant which is unlawful by virtue of Part 2 [ discrimination in the employment field], or
(b) is by virtue of section 41 or 42 to be treated as having been committed such an act of discrimination against the complainant, the tribunal shall uphold the complaint unless the respondent proves that he did not commit, or, as the case may be, is not to be treated as having committed, that act.