Celebrating Difference - Ages 14-15 - Piece 1 - Equality
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Celebrating Difference - Ages 14-15 - Piece 1 - Equality Success
Story 1
Pregnancy
Pregnant women in the armed forces will be given greater protection
from discrimination after a ruling by the Employment Tribunal in
2010. The Equality and Human Rights Commission funded the case
brought by a female officer against the Royal Air Force in which
she claimed she was removed from her job and had her promotion
prospects delayed because she was pregnant.
A law firm represented the officer, who was on a posting in the
Falkland Islands when she informed her superiors that she was 12
weeks pregnant. Her request to stay on in her desk-based job was
denied, despite her husband, who was also a RAF officer, being
based on the Island and she was ordered to return to the UK
immediately.
As she wanted to be with her husband during her pregnancy she was
forced to take leave to return to the Falkland Islands. This meant
she missed out on a performance review which delayed her promotion
prospects.
The Tribunal found that the officer had been discriminated against
because of pregnancy and awarded her more than £16,000. The
Tribunal also recommended that the Ministry of Defence:
• carry out an individual risk assessment for each pregnant woman
and consider adjusting their role to enable them to remain in their
post,
• establish a monitoring process in respect of any removal of a
pregnant woman from her post; and
• undertake a performance appraisal for each pregnant woman
commencing maternity leave.
© Jigsaw PSHE Ltd
Celebrating Difference - Ages 14-15 - Piece 1 - Equality Success
Story 2
Sex
In 2010, more than 4,000 female council workers have won the right
to be paid the same as their male colleagues in a case which could
lead to pay-outs worth about £200m.
An employment tribunal found in favour of female workers employed
by Birmingham City Council in 49 different jobs, including lollipop
ladies and cleaners, who complained of being excluded from bonuses
– worth up to 160% of their basic pay – paid to men.
All the women were employed in traditionally female-dominated
roles, such as cleaning, care and catering, as well as
administrative jobs. During the seven- week hearing, the tribunal
heard how a man doing the same pay-graded job as a woman could earn
four times more than her.
Under a bonus scheme, male refuse collection staff sometimes
received up to 160% of their basic pay. In one year a refuse
collector took home £51,000, while women on the same pay grade
received less than £12,000.
Unions described the women’s victory as a ‘major’ case which could
encourage other female public sector workers to bring similar
claims.
© Jigsaw PSHE Ltd
Celebrating Difference - Year 10 - Piece 1 - Equality Success Story
3
Religion and belief
In 2008 a Muslim girl was awarded £4,000 after the owner of a hair
salon refused to employ her because she wears a headscarf.
Bushra Noah, 19, who was rejected for 25 hairdressing jobs, had
accused Sarah Desrosiers of discrimination after she failed to
offer her a position in May last year. Ms Desrosiers, 32, said she
needed staff to display their hairstyles to customers at the Wedge
salon in King’s Cross, North London.
Mrs Noah, of Acton, West London, applied for a job as a junior
assistant. When she arrived at the salon she claimed that the owner
was shocked that she wore a headscarf. Ms Desrosiers told the court
she was surprised that Mrs Noah had not mentioned it. She said she
needed stylists to reflect the ‘funky, urban’ image of her
salon.
The panel found that Mrs Noah had been badly upset by the 15-minute
interview and awarded her £4,000 damages for ‘injury to
feelings’.
© Jigsaw PSHE Ltd
Celebrating Difference - Ages 14-15 - Piece 1 - Equality Success
Story 4
Sexual orientation
In 2010 a gay couple won their discrimination claim against the
owners of a hotel in a landmark judgment in the Bristol County
Court in a case which was funded by the Equality and Human Rights
Commission.
The judge’s ruling in one of the first legal cases taken under the
Equality Act (Sexual Orientation) Regulations 2007 means that
people in civil partnerships will have greater protection from
discrimination.
Civil partners Martyn Hall and Steve Preddy sued the owners of the
Chymorvah Private Hotel in Cornwall on the grounds they were not
allowed to share a double room because they were a gay
couple.
The hotel owners, Peter and Hazel Bull, are devout Christians who
do not allow couples who are not married to share double rooms
because they do not believe in sex before marriage. Mr. and Mrs.
Bull maintained that their refusal to accommodate civil partners in
a double room was not to do with sexual orientation but ‘everything
to do with sex’. The owners said the restriction applied equally to
heterosexual couples who are not married.
Judge Rutherford ruled that the hotel had directly discriminated
against the couple on the ground of their sexual orientation and
awarded them compensation of £1,800 each.
© Jigsaw PSHE Ltd
Celebrating Difference - Ages 14-15 - Piece 1 - Equality Success
Story 5
Age
In 2011, former BBC presenter Miriam O’Reilly won her age
discrimination case against the BBC after she was dropped from
BBC1’s rural affairs show, Countryfile.
O’Reilly, 53, took the BBC to court claiming discrimination after
she was one of four female presenters, all in their 40s or 50s, who
were dropped from the 23-year-old show. O’Reilly was dropped from
the show, along with Charlotte Smith, Juliet Morris and Michaela
Strachan, when it was moved from Sunday mornings to a new peak-time
slot in April 2009.
The BBC said it chose new ‘second tier’ presenters for Countryfile
over O’Reilly because they had ‘substantial network profile that
might attract primetime audience’ - but the court ruled that this
was not the case. ‘We consider age to be a significant factor in
the decision not to consider O’Reilly.’
In the course of her evidence to the court O’Reilly claimed a
Countryfile director had warned her ‘to be careful with those
wrinkles when high definition comes in’ nine months before she was
axed.
The tribunal said: ‘The wish to appeal to a prime-time audience,
including younger viewers, is a legitimate aim. However, we do not
accept that it has been established that choosing younger
presenters is required to appeal to such an audience,’ the judgment
stated.
The presenter, who received compensation from the BBC as a result
of this verdict, told MediaGuardian.co.uk: ‘Words cannot describe
how happy I feel. It’s historic and it’s going to have huge
implications for all broadcasters.’
In light of the court’s ruling, the BBC said it would give
additional training to senior editorial executives and issue new
guidance on the fair selection of presenters.
© Jigsaw PSHE Ltd
Celebrating Difference - Ages 14-15 - Piece 1 - Equality Success
Story 6
Stephanie’s Story
Stephanie is 9 years old and has Down’s Syndrome, autism and
learning disabilities. She also has severe hypotonia, and has no
sense of danger.
Stephanie was last assessed two years ago. Her parents were not
asked once whether the care plan was working, or whether her needs
had changed after one year.
Stephanie has to mobilise using furniture and assistance from her
parents.
Stephanie was only receiving 1 hour of support per day from her
Local Authority. Her mother, Rosie has a condition called Achilles
Tendinopathy which causes her severe pain in her ankles.
Rosie took legal advice and her legal team wrote to the Local
Authority requesting an immediate re-assessment of Stephanie’s
needs, as well as a parent carers assessment for Rosie.