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Workplace discrimination continues 22 May 2007

Summary

Workplace discrimination continues- new regulations not robust enough In a study of employment tribunal discrimination claims using the 2003 Sexual Orientation regulations, ACAS, the government's employment advice service, has revealed the low up-take and low awards to claimants.

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Workplace discrimination continues- new regulations not robust enough

In a study of employment tribunal discrimination claims using the 2003 Sexual Orientation regulations, ACAS, the government's employment advice service, has revealed the low up-take and low awards to claimants.

Commenting on the analysis, Phelim Mac Cafferty on behalf of the National LGBT Group in the Green Party stated: "In the period 2004- 06, 470 individuals took their employer to an employment tribunal where the principle allegation concerned discrimination on the grounds of sexual orientation.

"No one would doubt that the Sexual Orientation Regulations represent another step forward in delivering workplace justice to the LGBT communities but this analysis shows that it may be quite a considerable time before we can rest on our laurels.

"When you look at ACAS's figures, a few things become clear quite quickly: allegations of verbal abuse and harassment dominated the claims; 7 in 10 were in the private sector yet the public sector hardly escaped scott-free. 90% of the total claims resulted in financial compensation but given that these awards technically have no limit , the average of ?2,748 is hardly encouraging.

"There is no obligation for employers to re-employ a member of staff after an employment tribunal and it's often a stressful period of time for employees who may not wish to return to their previous workplace and it's this which should also be reflected in awards.

"I know that often the issues around the SORs are complex- the figure that 25% of applicants withdrew their application testifies to this.

"Greens want the new Commission for Equalities and Human Rights to strengthen their role so that employers are forced to change the workplace culture that feeds discrimination in all the diversity strands."

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