to implement equality Directives properly
The European
Commission has sent two Reasoned Opinions to the Government which allege that
the UK
have failed to implement the EC Equal Treatment Framework Directive and the EC
Equal Treatment Directive correctly. The UK now has two months to respond to
the Commission.
The Reasoned Opinion
on the Framework Directive, which prohibits discrimination in employment and
occupation based on religion or belief, disability, age or sexual orientation,
states:
- there is no clear ban on ‘instruction to
discriminate’ in national law and no clear appeals procedure in the case of
disabled people; and - exceptions to the principle of
non-discrimination on the basis of sexual orientation for religious employers
are too broad.
The Reasoned Opinion
on the Equal Treatment Directive, which aims to establish equal treatment
between men and women in employment, states:
- the indirect discrimination definition does
not cover potential discrimination;
- the exceptions to the principle of
non-discrimination on the basis of sex for certain jobs are too wide; and
- the right of associations to support
victims is not clearly established.
If the Commission is
not satisfied with the reply, it can refer the matter to the ECJ and if found
to be in breach of EU law, the UK will be required to take all the necessary
measures to end its infringement or else be fined.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
