Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s detailed report on the application of the Convention in England, Scotland, Wales and Northern Ireland.

1. Equality of opportunity and treatment of men and women. Occupational segregation. The Committee notes with interest the report and recommendations prepared by the Women and Work Commission (WWC) and refers the Government in this regard to the Committee’s comments under the Equal Remuneration Convention, 1951 (No. 100). It notes in addition the completion of the Equal Opportunities Commission’s (EOC) investigation into occupational segregation in which the EOC found that there was a failure to provide real opportunity and choice for girls and boys to enter work via vocational training and that the current education system was, in particular, failing girls from lower socio-economic groups. The investigation further found a link between the under‑representation of women in certain sectors and skills shortages in occupations such as construction, engineering, plumbing, ICT and childcare, which remain among the most heavily segregated sectors in the UK. Noting that the Government has already outlined a plan to tackle occupational segregation, the Committee asks, in light of the EOC’s and the WWC’s recommendations, for further information on the action taken and results achieved under this plan to encourage men and women into sectors where they are under-represented.

2. Sexual harassment. The Committee welcomes the information in the Government’s report on the efforts undertaken to raise awareness and provide guidance for workers and employers on the issue of sexual harassment in employment and occupation. It notes in this regard that the EOC began a formal investigation into sexual harassment in the armed services after deciding that there were sufficient grounds to believe that the harassment of servicewomen was frequent and that the measures in place to prevent and deal with it were inadequate. The Committee notes that the investigation was suspended after an agreement was reached with the Ministry of Defence on a three-phase action plan to deal with sexual harassment in the armed services. Noting that the plan is currently in its second phase and that the entire project is scheduled for completion in early 2008, the Committee asks the Government to keep it informed on the progress of this work and its impact in preventing sexual harassment and improving the mechanisms to deal with sexual harassment complaints in the armed services.

3. Discrimination on the basis of religion. The Committee notes the action taken by the Government to improve protection against religious discrimination in the provision of goods, facilities and services and to support the practical application of the Employment Equality (Religion or Belief) Regulations. It notes, however, from the Muslims in London report that based on 2001 census figures, Muslims have the lowest rates of employment and economic activity of all faith groups in London and that they face several barriers to employment including discrimination, lack of suitable training and educational underachievement. The Committee further understands that a case was recently decided in which a Muslim schoolteacher was suspended from her job at Headfield Church of England Junior School after refusing to remove her veil in the presence of male colleagues. Given that the Committee does not have the tribunal’s decision, the Government is requested to provide a copy along with its next report for the Committee’s consideration. Noting also that 172 cases of religious discrimination were dealt with by employment tribunals in 2004-05, the Committee asks for information on other cases relating to the display of religious symbols in employment or occupation and how the Employment Equality (Religion or Belief) Regulations address such situations. Please also provide information on awareness raising and other measures adopted to deal with negative attitudes towards religious minorities in the workplace and to promote and ensure equal opportunity and treatment for workers of different faiths.

4. Discrimination on the basis of political opinion and social origin. The Committee recalls its previous comment that there is no specific legislation in Great Britain providing protection from discrimination in employment and occupation on the basis of political opinion or social origin. The Government reports that while employees who believe they have been unfairly dismissed may complain to an employment tribunal, there is no specific jurisdiction for dismissal on grounds of social origin or political belief and that there are therefore no examples of successful claims on these grounds. The Committee recalls the Government’s indication that protection is ensured through the usual system of employment relations and, exceptionally, through recourse to an employment tribunal. The Committee nonetheless asks the Government to indicate what legal remedies are available to individuals claiming to have been discriminated against on the grounds of political opinion or social origin, not simply in cases of unfair dismissal but also with regard to access to employment and vocational training.

5. Ethnic minorities. The Committee welcomes the many studies undertaken on the situation of ethnic minorities in the labour market. It notes in particular the 2006 report entitled “Ethnic penalties in the labour market: Employers and discrimination”, which found that a number of ethnic minority groups, notably Pakistani, Bangladeshi, Black Caribbean and Black African men, continue to experience higher unemployment rates, greater concentrations in routine and semi-routine work and lower hourly earnings. The report also found that despite an improvement over time in the occupational levels of ethnic minorities, the employment situation of Pakistanis and Bangladeshis was a special cause for concern. The Committee notes that the Ethnic Minority Employment Task Force (EMETF) is responsible for taking forward the recommendations of the Prime Minister’s report on ethnic minorities in the labour market. In this capacity, the Task Force is leading an initiative for the use of public procurement contracts as a means to promote employment for ethnic minorities in the public sector. The Committee also understands that the Commission for Racial Equality’s (CRE) new statutory code of practice took legal effect in April 2006 and applies to all employers in England, Scotland and Wales, as well as workers, former workers and applicants for employment, promotion and training. The Government is requested to continue to supply detailed information on the labour market position of ethnic minorities along with information on the impact of the measures adopted to increase opportunities for these individuals in employment and occupation both in the public and private sectors. Please also provide specific information on what special efforts the Government is making to improve the opportunities for the Pakistani and Bangladeshi communities which have been identified as particularly disadvantaged on the job market. The Government is further asked to supply information on the practical effects of the CRE’s new code of practice in ensuring equal opportunity and treatment for ethnic minorities in employment and occupation.

6. Employment in the civil service – Great Britain. The Committee notes the figures on diversity in the civil service for 2004 showing that while female staff continued to be concentrated in positions of lower responsibility such as administrative work, there have been positive gains in the percentage of women in more senior posts. In this respect, the Committee notes the targets set under the Public Service Agreement SR04 delivery plan (PSA) to bring about measurable improvements in gender equality by 2008. With regard to ethnic minorities in the civil service, the Government reports that these individuals continue to be more highly represented in lower grade posts although modest improvement has been made towards achieving greater ethnic diversity among senior civil servants. The Committee asks the Government to provide information, including updated statistics, on progress made towards meeting its PSA targets for gender equality in the public service, particularly in light of the gender equality duty under the Equality Act 2006 and the recommendations of the WWC. Please also indicate the results of the Government’s efforts to promote greater ethnic diversity in the civil service, including the number and effect of Race Equality Impact Assessments prepared by public bodies as required under the Race Relations Act.

7. Northern Ireland. Recalling that the Race Relations (Northern Ireland) Order 1997 (RRO) does not cover the ground of colour, the Committee notes the Government’s indication in its Racial Equality Strategy for Northern Ireland (2005-2010) that it will explore legislative options to rectify this anomaly. Furthermore, with regard to the exemption of teachers from the protection of discrimination on the ground of religious belief under the Fair Employment and Treatment (NI) Order, 1998, the Government reports that the Equality Commission undertook a review and found widespread acceptance of the exemption simply as a consequence of the education system in Northern Ireland. The Equality Commission did, however, recommend a further restriction of this exemption to apply only to teachers in mainstream primary schools. The Government indicates that the Department of Education is considering the investigation findings and the Equality Commission’s recommendations. The Committee again reminds the Government that in spite of traditional views with respect to the local education system, upholding a provision allowing discrimination on the basis of religious belief constitutes a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. It, therefore, hopes that the Government will consider removing any exception with regard to discrimination against schoolteachers on the ground of religious belief and to keep the Committee informed of the Department of Education’s deliberations on this matter. The Committee also asks the Government to provide more information on the implementation and impact of the Racial Equality Strategy for Northern Ireland, specifically with regard to equal opportunity and treatment in employment and occupation. Please also keep the Committee up to date on the status of the single Equality Bill for Northern Ireland.