A Patchwork of Protection: The New Anti‐discrimination Law Framework
| Date | 01 May 2004 |
| DOI | http://doi.org/10.1111/j.1468-2230.2004.00495.x |
| Author | Mark Bell |
| Published date | 01 May 2004 |
LEGISLATION
A Patchwork of Protection:The NewAnti-discrimination
Law Framework
Mark Bell
n
INTRODUCTION
Substantial reforms to British anti-discrimination law were undertaken during
2003, pursuing a number of di¡erent directions. First, the government issued
new statutory regulations in order to forbid discrimination on grounds of reli-
gion or belief,
1
and sexual orientation.
2
Secondly, thegovernmentsimultaneously
amended the main primary legislation governing discrimination on grounds of
sex (including equal pay),
3
race
4
and disability.
5
In relation to race and disability,
the changeswere signi¢cant and designed to complywith the standards set in the
European Union’s Racial Equality
6
and Framework Employment
7
Directives.
Finally, the governmentopened consultationson the option of merging the exist-
ing equalit y Commissio ns,
8
aswellasthecontentsoffuturelegislationonage
discrimination.
9
If this barrage of reforms was not su⁄cient to make discrimina-
tion lawyers dizzy, the House of Lords delivered a numberof long-awaited judg-
ments addressing key concepts within the existing primary legislation. This note
provides an overview of the principal developments emerging from the
recent law reforms, although clearly each of these changes warrants further detailed
examination elsewhere. The ¢rst part examines the grounds of discrimination,
whilst the second partwill analyse the newde¢nition of discrimination. The¢ nal
section will consider further the arrangements for enforcement of the legislation.
Before embarking on this discussion, the following section contextualises the
current reform process.
n
Senior Lecturer, Centrefor European Law and Integration,University of Leicester.
1 The Employment Equality (Religion or Belief) Regulations 2003,S.I. No.1660.
2 The Employment Equality (Sexual Orientation) Regulations20 03, S.I. No. 1661.
3 The Sex Discr iminationAct 1975 (Amendment) Regulations2003, S.I.No.1657;The Equal PayAct
1970 (Amendment) Regulations2003, S.I.No.1656.TheEqual Pay Regulationsprovide exceptions
to the six month time limit for bringing complaints, as well as exceptions to the maximum period
of six years for paymentof arrears in remuneration.
4 The Race Relations Act1976 (Amendment)Regulations 2003, S.I. No.1626.
5 The Di sability Discrimination Act1995 (Amendment)Regulations 2003, S.I. No.1673.
6 Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between
persons irrespective of racial orethnic origi n,[2000] OJ L180/22.
7 Directive 2000/78/EC establishing a general framework for equal treatment in employment and
occupation,[200 0]OJ L303/16.
8 Department of Trade and Industry,Making ithappen (London: DTI, 2002).
9 Department of Trade and Industry,Equality and d iversity: age ma tters (London: DTI,20 03).
rThe Modern LawReview Limited 2004
Published by BlackwellPublishing, 9600 Garsington Road,Oxford OX4 2DQ,UK and 350 Main Street, Malden, MA 02148, USA
(2004) 67(3) MLR 465^477
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