Discrimination Law

Discrimination and the Law

Public sector organizations like NHSGGC are required by law to show that they are actively promoting equality. This goes beyond simply stopping discrimination.

The law requires that public bodies give ‘due regard’ to the need to eliminate unlawful discrimination and harassment and to promote equality of opportunity. The Race Relations (Amendment) Act also includes the requirement to ‘promote good relations between persons of different racial groups’. The Disability Discrimination Act states that organizations must, ‘promote equality of opportunity between disabled people and other people’. It also includes the need to promote positive attitudes towards disabled people, encourage participation by disabled people in public life and take steps to meet disabled peoples’ needs, even if this requires more favourable treatment.

A number of specific ‘duties’ are also laid out, primarily for major public bodies like the NHS. These include:

• The development of a specific equality scheme in relation to each aspect of inequality, e.g. disability, gender, race. (NHSGGC has a single equality scheme for all three.)
• Consultation with stakeholders and employees in drawing up the equality schemes
• Publication of the equality schemes and associated action plans.
• Publication of how the organisation will assess the impact of its policies and practices for equality
• Monitoring of progress and production of annual reports.
• Review of each scheme every three years

Whilst each different piece of legislation deals with a particular type of discrimination, it is important to recognise that these forms of inequality also overlap, and that we cannot define someone purely on the basis of their gender, ethnicity, disabled status, or sexual orientation.

Age Regulations came into force on 1 October 2006. and forbids discrimination in employment and vocational training. This includes access to help and guidance, recruitment, promotion, development, termination, perks and pay. The regulations cover people of all ages, both old and young.

Social class discrimination, while not covered by the law, is an important factor which impacts on people using our services. The UK Government is currently considering placing a legal requirement on public bodies to develop strategies to reduce socio-economic inequalities and tackle disadvantage based on class. To view the national consultation document on social mobility, click here.

For further information go to Useful Links/legislation

To see NHSGGC's Equality Scheme Click Here

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