criteria, so gender dysphoria must be diagnosed. They
will then be allowed to apply for a replacement birth
certificate and allowed to marry in the adopted sex.
Transsexuals will retain the rights and obligations incurred
under their former gender, i.e. as mother or father. The
granting of a replacement birth certificate will impact on
company pension scheme requirements. The fact that
no surgery is required means that the law will apply to
self-defined transsexuals subject to satisfying the gender
dysphoria requirement.
Workers with HIV, AIDS or MS
There is legislation prohibiting discrimination against
employees with HIV or AIDS (Disability Discrimination
Act 2005). Workers with a progressive condition, such
as HIV or AIDS, are deemed disabled from the moment
of diagnosis. Multiple sclerosis is also included.
Remedies
Allegations of discrimination may be the subject of a
complaint to an employment tribunal which may, among
other things, award monetary compensation. Also, as we
have seen, the Commission may apply to the courts for
judicial review, as in Rv Secretary of State for Employ-
ment, ex parte Equal Opportunities Commission(1994)
where the application, if successful, would help in work-
ing towards the elimination of discrimination.
The Equal Opportunities Commission was respons-
ible for keeping under review the working of discrim-
ination legislation. The Commission for Racial Equality
had a similar function in terms of racial discrimination
and had the authority to carry out formal investiga-
tions into firms where discrimination was alleged. Both
Commissions have been incorporated into the new single
watchdog, the Commission for Equality and Human
Rights.
The employer may appeal to an employment tribunal
within six weeks of service of the notice. If there is no
appeal, or the employment tribunal confirms the notice,
then the employer must comply with it; if he does not
the relevant Commission may ask the county court for
an injunction which, if granted, will make an employer
who ignores it in contempt of court and he may be fined
and/or imprisoned for that offence.
The Commissions are also required to enter non-
discrimination notices which have become final in a
Register. Copies of the Register are kept in Manches-
ter (Equal Opportunities Commission) and in London
(Commission for Racial Equality), and are available for
inspection to any person on payment of a fee and copies
may also be obtained.
Under s 6 of the Sex Discrimination Act 1986 terms of
contracts, collective agreements and organisational rules
which are discriminatory on the grounds of sex, e.g. not
employing women with children, or bonus schemes
which exclude part-timers, most of whom are women,
are void. However, there was no mechanism for indi-
viduals to get a legal ruling on these provisions. As a result
of an amendment to s 6 by what is now the ERA, job
seekers, employees and prospective members of trade or
professional organisations can now ask a tribunal to give
a declaration that a term is void. The tribunal cannot
amend the term. The parties must decide what should
fill the gap.
The Equality Act provides for the establishment of
a Commission for Equality and Human Rights. The
Commission will take over the responsibilities of the three
former equality commissions: Commission for Racial
Equality, the Disability Rights Commission and the Equal
Opportunities Commission. The new Commission became
operative in 2007. A key aim of the commission is to end
discrimination and harassment of people because of
their disability, age, religion or belief, race, gender, or
sexual orientation.
It is worth noting here the Equality Act 2006. The Act
provides for the establishment of a Commission for
Equality and Human Rights. The Commission will take
over the responsibilities of the Commission for Racial
Equality, the Disability Rights Commission and the Equal
Opportunities Commission. The new Commission will
become operative in 2007. A phased entry is proposed
for the existing Commissions, with all of them being
incorporated by 2008/09.
So far as individuals affected are concerned, the most
usual remedy for a successful complaint of discrimina-
tion is an order for payment of compensation to the
victim. The tribunal can also make a recommendation
as regards action the employer can take to remedy the
situation, which can lead to a further award of compensa-
tion if there is a failure to comply. Recommendations
are, in practice, rarely made. Money compensation can
include compensation for injured feelings and aggravated
damages, and there is no overall limit.
The complainant must make an application to a tri-
bunal within three months after the act complained of.
The tribunal has power to extend this period on the
ground that it is just and equitable. Extensions are not often
granted but a spectacular example occurred in AfolabivPart 4Business resources