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Commission contend that UK has failed to implement equality Directives properly
















Commission contend that UK has failed
to implement equality Directives properly

The European
Commission has sent two Reasoned Opinions to the Government which allege that
the UK
have failed to implement the EC Equal Treatment Framework Directive and the EC
Equal Treatment Directive correctly. The UK now has two months to respond to
the Commission.

The Reasoned Opinion
on the Framework Directive, which prohibits discrimination in employment and
occupation based on religion or belief, disability, age or sexual orientation,
states:

  •       there is no clear ban on ‘instruction to
    discriminate’ in national law and no clear appeals procedure in the case of
    disabled people;     and
  •      exceptions to the principle of
    non-discrimination on the basis of sexual orientation for religious employers
    are too broad.

The Reasoned Opinion
on the Equal Treatment Directive, which aims to establish equal treatment
between men and women in employment, states:

  •        the indirect discrimination definition does
    not cover potential discrimination;
  •        the exceptions to the principle of
    non-discrimination on the basis of sex for certain jobs are too wide; and
  •        the right of associations to support
    victims is not clearly established.

If the Commission is
not satisfied with the reply, it can refer the matter to the ECJ and if found
to be in breach of EU law, the UK will be required to take all the necessary
measures to end its infringement or else be fined.

 

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