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

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

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.