Harrow Council for Justice
a campaigning national organisation - promoting the principle of 'different but equal'

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    Our positions
  • people are not blind to colour in a colour conscious society
  • racism affects black and white people both but differently
  • racial harassment is anti human rights - more than hate crime
  • equal opportunity is to practise 'different but equal'
Recruitment and discrimination

An employer is prohibited from discriminating on the grounds of sex, marital status, gender re-assignment, race (which includes nationality, ethnic or national origin) or disability, religion or similar philosophical belief and sexual orientation, at every stage of employment from recruitment to dismissal and beyond in certain cases. From December 2006, it has also become unlawful to discriminate on the grounds of a person's age.

The legislation makes it unlawful to discriminate:

  • in determining who should be offered employment
  • in the terms on which an applicant is offered employment
  • by refusing, or deliberately omitting, to offer an applicant employment
  • in the way an employee is afforded access to opportunities for promotion, transfer or training or to any other benefits, facilities or services
  • by refusing, or deliberately omitting, to afford an employee access to those opportunities, benefits, facilities or services
  • by dismissing an employee or by subjecting an employee to any other detriment

Direct Discrimination: Where a person is treated less favourably than another on the grounds prescribed by the relevant legislation (e.g. sex, race, disability, etc.).

Indirect Discrimination: when what appears at first to be a neutral provision, criterion or practice is applied equally but on closer examination the practical effect of such provision, criterion or practice is to disadvantage some by implications.

Harassment: where on an unlawful ground an individual engages in unwanted conduct which has the purpose or effect of violating the other's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that other person.

Victimisation: if a person who has threatened to bring, or brought or been involved in the bringing of, proceedings is treated less favourably as a result.

Religious Discrimination

Discrimination in employment on the grounds of religion or similar philosophical belief came into effect in December 2003.

Disability Discrimination

From 1 October 2004 , substantial amendments to disability discrimination laws came into force under the Disability Discrimination Act 1995 (Amendment) Regulations 2003 which makes employers liable for discrimination against "disabled persons" in respect of recruitment, promotion, training, working conditions and dismissal by virtue of:

  • direct discrimination (Less favourable treatment)
  • discrimination for a disability-related reason (Residual Less favourable treatment)
  • failure to make reasonable adjustments
  • victimisation
  • harassment

Sexual Orientation Discrimination

Discrimination on the grounds of sexual orientation in employment has been unlawful since December 2003. Sexual orientation is defined as a sexual orientation towards:

  • persons of the same sex (gay men and lesbians)
  • persons of the opposite sex (straight men and women)
  • persons of both sexes (bisexual men and women)
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