When bargaining for better terms and conditions for members in the workplace, it is important to include equality as part of this agenda
Legal Framework

There are clear links between wider employment law and discrimination law and in bargaining for better terms and conditions for members in the workplace, it is important to include equality as part of this agenda. A summary of European and Dmestic Law is given on this website to aid reps in navigating the law and to support employees with understanding their rights at work.

This information is for guidance only and, as with the summary of the current legislation, is not intended to be a full statement of the law.

European Directives
UK courts and Employment Tribunals must interpret domestic law in accordance with European Law. The appendices list relevant European Directives that impact on equality and discrimination law in the UK

Employment Rights Act 1996
This covers an extensive array of rights related to work, such as contracts, terms and conditions, wages, health and safety, pensions, dismissals, whistleblowing and trade union membership rights. It also includes pregnancy and maternity rights, parental and adoption leave and dependant and domestic care leave.

The Employment Act 2002 adds to these rights, including time off for trade union Learning Reps and the introduction of an equal pay questionnaire.

Human Rights Act 1998
The Human Rights Act 1998 incorporates into UK law most of the rights set out by the European Convention on Human Rights, including;

• The right to freedom from torture, inhuman and degrading treatment
• The right to a fair trial
• The right to respect for private and family life
• The right to freedom of thought, conscience and religion
• The right to freedom of expression

The Act also guarantees (under article 14) the right to freedom from
discrimination on a wide range of grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

It may strengthen claims of discrimination in some circumstances eg flexible working and dress code, but it is rare for the HRA to provide rights over and above those already existing under European and domestic law.





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