Employment Rights Part 2

Discrimination is less favourable treatment on grounds of disability, race or sex. This can occur whilst in employment, during recruitment or in rare cases after leaving a job. An employer has a duty to make reasonable adjustments to enable disabled people to get or stay in employment. If an employer has tried to makke these adjustments but been prevented from doing so by cost or other factors, he/she may be able to justify the discrimination in an employment tribunal. Employers with less than 15 employees are not covered by the Disability Discrimination Act. People who are HIV-positive may be able to claim disability discrimination. The law in this area is complex. Get legal advice! Sexual orientation discrimination There is no specific law to stop employers from treating lesbian and gay employees less favourably than heterosexuals. Within the next three years the government will have to remedy this and the Human Rights Act means that, already, existing laws are having to be reinterpreted. If a person who experiences discrimination has longer than 1 year's employment, they may have a constructive dismissal claim. The law is complicated and is constantly changing, so always get legal advice. Equal opportunities policies (EOP) Many employers now have EOPs that include lesbians and gay men, especially public sector and large private employers. It is easy to find out before applying for a job what the employer's EOP includes. If the EOP is incorporated into your contract you might be able to rely directly upon it. Trade unions Think about joining a trade union, whether or not your employer recognises them. You will receive support and legal advice. If you encounter discrimination a trade union's support can protect you where the legislation does not. A number of motions passed at TUC conferences have made it clear that all affiliated unions should adhere to equal opportunities for lesbians and gay men. If your employer recognises more than one union, contact their headquarters to check which is the most progressive on lesbian and gay issues; some produce specific material and some have lesbian and gay groups. This online advice guide is an extract from the book TOGETHER, by kind permission of Patriic Gayle and Gay Times Books. The book itself is over 300 pages long and contains:

several chapters more useful advice and information

more in-depth information in some chapters

more pictures and tables

further contacts at the end of each chapter

a comprehensive listing of gay and health organisations Described by Qx magazine as a 'Gay Bible', Together Book is a practical reference work no bookshelf should be without.

Available from Prowler Stores and all good bookshops, or click the link below for price and ordering details.

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