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Unions challenge draft rules on orientation discrimination

first_imgBritain’s major unions are mounting a legal challenge to draft regulationson sexual orientation discrimination on the grounds that they are not beingimplemented in line with the original EU Framework Directive. Seven of the TUC’s affiliated unions have lodged papers with the High Courtbecause they believe the Employment Equality (Sexual Orientation) Regulations2003 – which come into force on 1 December – fail to give adequate protectionto gay and lesbian workers in the areas of pension provision and working forreligious organisations. The unions, including Amicus-MSF, Unison and the National Union of Teachers,argue that allowing UK pension schemes to continue to restrict access tomarried employees (regulation 25) will amount to indirect discrimination as gaypeople are not able to marry their partners. The unions will argue that apart from a misinterpretation of the EUdirective, this regulation may also be a breach of the Human Rights Act 1998. The other aspect of the unions’ legal challenge relates to regulation 7(3),which allows employers to effectively prevent gay, lesbian or bi-sexual peoplefrom working for religious organisations such as churches, schools andcharities. The exemption was absent from the draft regulations when the Government putthem out to consultation at the beginning of the year and was introduced at thelast stage without consultation. – Last month the arbitration service Acas gave employers an opportunity tocomment on new draft guidance on the Employment Equality Regulations onReligion and Sexual Orientation, which will have the status of non-statutorycodes of practice. The codes give practical advice on how to apply the regulations andclarifies some of the grey areas. For example, it makes clear that it isillegal to discriminate against someone for not belonging to a specificreligion or belief as well as for subscribing to it. Comments are closed. Related posts:No related photos. Previous Article Next Article Unions challenge draft rules on orientation discriminationOn 1 Oct 2003 in Sexual orientation discrimination, Personnel Todaylast_img read more

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