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FL Memo Ltd © 2007 |
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Employment Memo 2007 Newsletter Issue 2 |
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Legislative and other changes |
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Legislative and other changes Racial and religion or belief discrimination: Extension of definition ¶5383 From 30 April, section 77(1) of the Equality Act 2006 takes effect. The definition of religion or belief is extended to cover “any religion” and “any religious or philosophical belief” including “a lack or religion” and “a lack of belief”. The purpose of this change is to make it clear that atheists and agnostics are protected from discrimination. The change confirms the existing practice of the tribunals, which is to protect those who do not believe in any particular religion (see update in newsletter 1 to ¶543). It is possible, however, that the amended definition will be interpreted more broadly to cover, for example, political beliefs. If the language does have wider effects, then these consequences will be reported in future updates. Equality Act 2006 (Commencement No. 2) Order 2007 SI 2007/1092
Age discrimination: clarifications ¶¶5600, 8221, 9200, 9223 New statutory regulations clarify the rules regarding age discrimination claims. The most notable changes are: – amendments to section 105 of the Employment Rights Act 1996 to confirm that a dismissal will be unfair if the reason for dismissal is the employee exercising, or seeking to exercise, his or her right to be accompanied, or to accompany another, at a meeting to request working beyond an intended date retirement (¶8221); – amendments to the Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752, so that complaints of age discrimination are covered by the statutory dispute resolution procedures (¶9200) in the same way as complaints under other discrimination legislation; and – amendments to exempt age discrimination claims from the requirement for a fixed ACAS conciliation period of 13 weeks (¶9223). Again, this brings age in line with the other discrimination procedures. Employment Equality (Age) (Consequential Amendments) Regulations 2007 SI 2007/825
Claims management services ¶9400 General note: From 23 April 2007, it is now an offence to provide claims management services without authorisation or exemption. Consequently, claims management firms must now be registered before they can advise and handle employment compensatory claims. Those exempted include: – legal practitioners acting in the normal course of practice; – charities and not-for-profit advice agencies; – trades unions certified as independent; and – individuals acting otherwise than in the course of business. This includes networks of individuals, operating through a website for example, provided it is not done for reward. For further information, see the Department of Constitutional Affairs’s guidance note on who needs to be registered, which can be found at: www.claimsregulation.gov.uk/pdfs/Who_needs_to_be_authorised_under_the_Compensation_Act_2006_guidance_note_6_April_07.pdf
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