Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Protection against discrimination based on social origin and political opinion. The Committee notes the Enterprise and Regulatory Reform Act 2013 (ERRA) section 97 which amends section 9(5) of the Equality Act 2010. Pursuant to the amendments the Minister must by order provide for caste to be an aspect of race. The Committee notes the Government’s indication that preparatory independent research on a possible definition of caste has been concluded and will be submitted to full consultation. The Government further indicates that there is no intention to provide explicit legal protection for political opinion and that depending on the specific facts of the case, domestic courts may determine that a person’s political belief can amount to a philosophical belief protected under the Equality Act 2010. Moreover, following the amendment to section 108 of the Employment Rights Act 1996, claimants will be able to bring a claim to the Employment Tribunal irrespective of how long they have been working for their employer. The Committee recalls that when legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination set out in Article 1(1)(a) of the Convention. The Committee requests the Government to provide information on any development concerning the inclusion of caste-based discrimination as an aspect of race in section 9 of the Equality Act 2010. The Committee also requests the Government to indicate the steps taken to ensure that emerging forms of discrimination that may lead to discrimination based on political opinion are being adequately monitored. Please provide information regarding how protection against discrimination in employment and occupation based on social origin and political opinion is ensured in practice.

Discrimination on the basis of religion. The Committee has been referring to barriers to employment faced by Muslims including discrimination, lack of suitable training and educational underachievement. The Government indicates that following the 2013 European Court of Human Rights judgments in four combined cases (Eweida and Chaplin v. the United Kingdom and Ladele and McFarlane v. the United Kingdom) about religious rights in the workplace, the Equality and Human Rights Commission (EHRC) published new guidance to help employers develop policies and practices that protect religion and beliefs in the workplace. The Government also refers to the programme on “Equal Rights, Equal Respect” in schools which includes activities to combat prejudice and negative stereotypes. The Committee requests the Government to continue to provide information on the measures taken or envisaged to address discrimination and stereotyped attitudes concerning religion, in particular with respect to the impact of these measures on the access to employment and education by Muslims. Please provide statistical information in this respect as well as information on any complaints filed by Muslims concerning cases of discrimination in employment on the basis of religion and the remedies provided and sanctions imposed.

Article 1(1)(b). Workers with disabilities. The Committee notes the research carried out by the Government in the framework of the Disability and Health Employment Strategy according to which lack of qualifications and job opportunities as well as reticence from employers were the most commonly reported barriers. The research highlighted the importance of employer incentives to boost employment of workers with disabilities. The Committee notes that according to the progress report of the “Equality Strategy Building a Fairer Britain”, a Disability Strategy is under elaboration. The Committee asks the Government to continue to provide information on the concrete measures taken to promote equality of opportunity and treatment of workers with disabilities, in particular with respect to access to education, vocational training and employment, and the impact of such measures. Please provide information on the adoption of the Disability Strategy.

Article 2. Equality of opportunity and treatment between men and women. The Committee notes the information provided by the Government on the progress made regarding access of women to higher posts in the civil service. The Committee notes however, that although women made up 53 per cent of all employees in the civil service, less than two-thirds of them worked full time compared with 90 per cent of male civil servants. The Government refers to the adoption of the Women and the Economy Action Plan of November 2013 oriented at enhancing educational and career choices for girls, career progression, returning to work and childcare measures, retraining of older women workers and promoting enterprise. The Government has also adopted measures to increase childcare support, shared parental leave and flexible working arrangements. The Committee requests the Government to provide information, including statistics, on the implementation of the Women and the Economy Action Plan and the manner in which it addresses occupational sex segregation and promotes the participation of women in a wide variety of jobs including those with career prospects and full-time and high-level posts in the public and private sector. In this regard, please include information on the impact of the measures taken regarding child-care support, the shared parental leave and the flexible working arrangements on the participation of women in full-time and part-time employment.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Ethnic minorities. The Committee notes that the Government provides detailed statistical information on ethnic minority employment rates showing an increase in the employment rate of the Pakistani/Bangladeshi population from 35 per cent in 1993 to 50 per cent in 2012, and a decrease in their unemployment rates from 32 per cent in 1993 to 17 per cent in 2012. The Government indicates that the number of senior civil servants with an ethnic minority background has doubled since 2003. The Committee notes that the Government provides extensive information including progress reports, on the measures taken to promote equality of opportunity and treatment of ethnic minority groups. The Committee notes in particular the measures adopted by the Ethnic Minority Employment Stakeholder Group (EMESG) and the Department of Work and Pensions (DWP) concerning recruitment, in-work poverty and improvement of workplace practices and the programme “Equal Rights, Equal Respect” which also addresses stereotypes regarding ethnic minorities. The Committee notes from the progress report on the “Equality Strategy Building a Fairer Britain” report that ethnic minorities face greater difficulty to access financial institutions and that measures have been adopted in this respect. The Progress Report by the Ministerial Working Group on Tackling Inequalities Experienced by Gypsies and Travellers (2012) also refers to measures envisaged to tackle specific problems of Roma and Travellers, including access to skills support and financial inclusion. The Committee further notes that Glasgow Works, in partnership with the Scottish Government, launched an Ethnic Minority Toolkit “Working with Ethnic Minority Clients” in 2011 which highlights issues that affect the employability of people from ethnic minority communities. The Committee requests the Government to continue to provide concrete information on the measures taken to promote equality of opportunity and treatment of ethnic minority groups and combat stereotypes. Please indicate the impact, including statistics, of these measures on the employment of workers from ethnic minorities, in particular Pakistani and Bangladeshi workers, as well as Roma and Travellers, both men and women in the public and private sectors.

Article 3(a). Equality bodies. The Committee notes the information provided by the Government concerning the role of the Government Equalities Office, the EHRC and the Equality Advisory Support Service in the implementation of the Equality Act 2010. The Committee notes that the EHRC, which now brings together the Commission for Racial Equality, the Equal Opportunities Commission and the Disability Rights Commission, monitors and assesses how public bodies comply with the Public Service Equality Duty (PSED) provided for in section 149 of the Equality Act 2010 and has published two reports on this respect. The Committee notes, in particular, that the effectiveness of the PSED is currently under review. The Committee requests the Government to continue to provide concrete information on the activities carried out by the Government Equalities Office, the EHRC and the Equality Advisory Support Service, including with respect to the implementation of the PSED, and any difficulties encountered by these institutions in the elimination of discrimination and in the promotion of equality of opportunities and treatment for men and women, including specific minority groups, with respect to the grounds provided for in the Convention.