Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la discriminación (empleo y ocupación), 1958 (núm. 111) - Isla de Man

Isle of Man

The Committee notes the Government’s first report.

Article 1(1)(a) of the Convention. Discrimination based on political opinion and social origins. The Committee notes the Government’s statement according to which: (1) the Isle of Man has no specific employment and occupation legislation in respect of discrimination on the grounds of political opinion or social origin; and (2) there are currently no plans to bring forward legislation in relation to discrimination on these grounds but if the United Kingdom of Great Britain and Northern Ireland were to enact new legislation in this area, careful consideration would be given to the issue. The Committee recalls that where legal provisions are adopted to give effect to the principle of the Convention, they should include at least all the grounds of discrimination specified in Article 1(1)(a) of the Convention (see CEACR 2012 General Survey on fundamental Conventions, paragraph 853). These include political opinion and social origin. The Committee therefore asks the Government to take the necessary measures to ensure that at least all the prohibited grounds of discrimination specified in Article 1(1)(a) are included in the legislation and that, in the meantime, workers are protected in practice against discrimination based on their social origin and political opinion. In this regard, the Committee asks the Government to provide concrete examples of how cases alleging discrimination based on social origin and political opinion are dealt with by courts and tribunals, including information on the number of such cases and their outcomes.

Sexual Harassment. The Committee notes that the definition of sexual harassment contained in the legislation does not include the concept of sexual harassment “quid pro quo”. Over the years, the Committee has consistently expressed the view that sexual harassment, as a serious manifestation of sex discrimination and a violation of human rights, is to be addressed within the context of the Convention. Given the gravity and serious repercussions of sexual harassment, the Committee recalls the importance of taking effective measures to prevent and prohibit sexual harassment at work. Such measures should address both quid pro quo and hostile environment sexual harassment (see CEACR 2012 General Survey, paragraph 789, for further guidance in this regard). The Committee encourages the Government to take measures to include in its legislation the concept of sexual harassment “quid pro quo” as prohibited action in employment and occupation and to provide information on any progress made in this regard.

Article 1(1)(b). Other grounds of discrimination. Real or perceived HIV status. The Committee notes that schedule 1, paragraph 6(1) of the Equality Act 2017 provides that cancer, HIV infection and multiple sclerosis are each a disability. The Committee also notes that Section A9 of the “Guidance on matters to be taken into account in determining questions relating to the definition of disability” explains that the person is protected by the Act effectively from the point of diagnosis. The Committee recalls that the HIV and AIDS Recommendation, 2010 (No. 200) provides considerable guidance in terms of addressing discrimination based on HIV and AIDS. The resolution adopted by the International Labour Conference upon the adoption of the Recommendation, calls for the promotion of the extension under Article 1(1)(b) of Convention No. 111 “so that the protection afforded under the Convention is extended to real or perceived HIV status” (see CEACR 2012 General Survey, paragraph 812). The Committee asks the Government to provide information on the measures taken or envisaged to ensure that persons benefit from protection against discrimination, not only based on HIV status (as diagnosed) but also based on perceived HIV status.

Article 1(3). Definition of employment and occupation. The Committee notes that the definitions of “employment” and “profession” (which includes “a vocation and occupation”) contained in sections 3(2) and 75 of the Equality Act 2017, do not mention “access to vocational training, access to employment and to particular occupations, and terms and conditions of employment” as specified under Article 1(3) of the Convention. The Committee asks the government to clarify: (i) whether the concepts of “employment” and “profession” effectively include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment; and (ii) which is the legal provision guaranteeing such inclusion.

Article 2. National Policy on Equality. Gender equality in employment and occupation. The Committee notes the Government’s indication that it is currently developing an “Equality Strategy” to embed the legislation. The Committee also observes that the Employee Handbook on Promoting Equal Opportunities (June 2019) refers to a “Draft Fairness at work Policy” dated 2014. The Committee asks the Government to: (i) provide information on the status and progress made towards adopting the Equality Strategy (and to provide a copy once adopted); and (ii) indicate if, pending the adoption of the new strategy, the 2014 “Draft Fairness at work Policy” is applicable.

Article 3(d)–(f). Effective application of the national policy. The Committee notes the information provided by the Government it its report. The Committee asks the Government to indicate in its next report: (i) which is the national authority in charge of directly controlling the effective implementation of the national equality strategy (once adopted); (ii) how it is ensured that this policy is applied in the activities of vocational guidance, vocational training and placement services; and (iii) the actions taken in pursuance of the policy and the results secured by such actions.

Enforcement. The Committee notes the statistical information provided by the Government on ethnicity, nationality, and the employed resident population disaggregated by sex and occupational sector. It also notes the information in the Employee Handbook that “One of the measures put in place for promoting equal opportunities and fairness at work for all is a network of Contact Officers established across the public service. Each government Department, Office and Board has employees who are designated as Contact Officers to assist in cases of alleged unfair treatment or unlawful discrimination, including harassment and bullying.” The Committee asks the Government to continue to provide statistical information or any other type of information which could help in assessing the application of the Convention in law and in practice (such as reports from the Labour Inspection). It also asks the Government to provide information on the activities of the network of Contact Officers in the public sector.