A brief history of UK Discrimination Legislation

The evolution of UK employment discrimination legislation can be summarised as follows:



Sex Disqualification (Removal) Act 1919


This was the first piece of sex discrimination legislation introduced into the UK and was introduced as a result of the pressure brought by the suffragette movement. The Act provided that a person shall not be disqualified on the grounds of sex or marriage from exercising any public function, holding a civil or traditional office or post, entering any civil professional vocation or being admitted to any incorporated society. It ensured also that women would not be excluded from jury service and would have the right to go to university.


The Act is still in force but is rarely used.



Disabled Persons (Employment) Act 1944 (DP(E)A)


This Act requires all employers to have a quota of disabled people in their employment. The driving force for this piece of legislation was the number of disabled soldiers returning from the Second World War. This legislation remained in force until January 1997.



Race Relations Act 1965


This Act was introduced to seek to prevent race discrimination in public places. The problem arose following the influx of Commonwealth citizens to the UK in the 1950s to help staff transport systems in the UK. It did not give individual rights to employees.




Race Relations Act 1968


This legislation sought to widen protection against discrimination by covering the employment and housing market. It was this legislation that introduced the Race Relations Board. At that time an employee would have to make a complaint to the board whose investigating officer would decide whether to take any action against an employer.



Equal Pay Act 1970 (EPA)


The EPA received Royal Assent on 29 May 1970, but did not come into force until 1975, in order to give employers the opportunity voluntarily to remove any discriminatory practices operated by them. The purpose of the EPA is to ensure that men and women employees have the right to equal terms and conditions of employment where they do the same type of work, or where their work has been rated as work of equivalent value, or it can be demonstrated that their work is of equal value.


It is not a defence for an employer to show that the overall terms of employment when compared are equal. If an employee can show that one term, for example private medical insurance, is provided to a male employee but not a female employee doing the same job, then this will be in breach of the Act.



Sex Discrimination Act 1975 (SDA)


The SDA is wider than the EPA, which is limited to the employment field. People can also be protected under this Act if there has been sex discrimination in education, provision of goods or services, or access to facilities or premises. From 1 May 1999 the Act was extended to cover those individuals undergoing gender reassignment. It was this Act that introduced the Equal Opportunities Commission (EOC) to oversee the operation of the SDA and the EPA.


The Act introduces two concepts of discrimination, namely: direct discrimination (for example, not promoting a woman because of her sex); and indirect discrimination which is applying a condition with which a smaller proportion of one sex than the other can comply (for example, the provision of a mobility clause in a contract with which fewer women may be able to comply because they are the secondary fee earner in a household).



Race Relations Act 1976 (RRA)


This legislation is very similar to the SDA and has the same principles of direct and indirect discrimination. The RRA, for the first time, gave employees real rights against employers.




The Disability Discrimination Act 1995 (DDA)


The DDA came into force on 2 December 1996. The Act protects disabled persons against discrimination. The definition of disability is wide and gives significant protection to those persons who are discriminated against because of their disability.



Employment Equality (Sexual Orientation) Regulations 2003


Came into force 1 December 2003. Protect workers against discrimination, victimisation, harassment or suffering detriment on the grounds of their sexual orientation. The regulations offer protection against both direct and indirect discrimination.



Employment Equality (Religion or Belief) Regulations 2003


Came into force 2 December 2003. Protect workers against discrimination, victimisation, harassment or suffering detriment on the grounds of their religion or similar philosophical belief. The regulations offer protection against both direct and indirect discrimination.




Employment Equality (Age) Regulations 2006


Came into force on 1 October 2006. Protects workers against discrimination, victimisation, harassment or suffering detriment on the grounds of their age. The regulations offer protection against both direct and indirect discrimination.