Employment Discrimination (Hansard, 13 November 2003)

§ Mr. Borrow
To ask the Secretary of State for Trade and Industry what interim measures she plans to put in place to tackle discrimination on the grounds of(a) sexual orientation, (b) religious belief and (c) age in advance of the establishment of a Commission for Equality and Human Rights in 2006. [137465]

§ Jacqui Smith
Regulations to prohibit discrimination at work on the grounds of sexual orientation and religion or belief come into force on 1 and 2 December 2003. We are working to ensure that employers, individuals and intermediaries have access to information and advice about the Regulations. A guide to the sexual orientation and religion or belief regulations has been available on the DTI website since the summer. Acas has just published practical workplace guidance on implementing the new legislation, after extensive consultation with a wide range of bodies concerned with employment issues, including the TUC and CBI.
This guidance has been available in draft form on the Acas website since the summer. In addition, DTI is raising awareness with intermediaries, including through regional events and by making available funds for which organisations from advisory, faith and lesbian, gay, bisexual backgrounds have been able to bid to provide relevant training. Acas are conducting a programme of training for intermediaries and employers.
We are currently considering the position for the age strand, which is due to come into force in October 2006.

§ Mr. Bellingham
To ask the Secretary of State for Trade and Industry whether atheists are to be entitled to the same holiday allowance as religious employees under forthcoming EU legislation. [137611]

§ Jacqui Smith
The Employment Equality (Religion or Belief) 2003 regulations, which come into force on 2 December 2003, do not introduce rights for additional time off but will prohibit discrimination on grounds of400W religion or belief (including atheism). Employers will be required to treat people in an even handed way. If staff want time off for religious festivals employers will have to consider it in the way they would any other request for leave.

§ Mr. Bellingham
To ask the Secretary of State for Trade and Industry whether, under the proposed European legislation to protect homosexual employees from discrimination, employers will be expected to identify the sexual orientation of their staff. [137645]

§ Jacqui Smith
No, other than in the very limited circumstances where being of a particular sexual orientation is a genuine occupational requirement for a job. If such a case arises, the employer may have to ask applicants and employees about their sexual orientation in order to find out if they are able to perform the functions of the job in question.

§ Mr. Bellingham
To ask the Secretary of State for Trade and Industry (1) if she will make a statement on the proposed Employment Equality (Sexual Orientation) Regulations 2003; [137609]
(2) if she will make a statement on the proposed Employment Equality (Religion or Belief) Regulations 2003. [137610]

§ Mr. Sutcliffe
The Employment Equality (Sexual Orientation) and Employment Equality (Religion or Belief) Regulations 2003, which come into force on 1 and 2 December 2003, are a major step forward in combating discrimination at work.
For the first time the Regulations will put in place protection against discrimination and harassment on the ground of sexual orientation and religion or belief in workplaces in England, Scotland and Wales. The Regulations were developed following widespread consultation since 2000 and they implement the Employment Discrimination Directive of November 2000.