· Race Relations Act 1976 (Amendment) Regulations 2003 which came into force on 19 July 2003;

· Sex Discrimination Act 1975 (Amendment) Regulations 2003 which came into force on 19 July 2003;

· Equal Pay Act 1970 (Amendment) Regulations 2003 which came into force on 19 July 2003;

· The Employment Equality (Sexual Orientation) Regulations 2003 due to come into force on 1 December 2003;

· The Employment Equality (Religion or Belief) Regulations 2003 due to come into force on 2 December 2003;

· The DisabilityDiscrimination Act 1995 (Amendment) Regulations 2003 due to come into force on 1 October 2004.

· It is time for employers to get their "houses in order" as the new anti-discrimination laws come into force over the next 3 years.

· Check equal opportunities policies deal with the new forms of discrimination.

· Check anti-harassment policies incorporate the new statutory definition of harassment.

· Consider whether investigatory procedures are sufficient.

· Consider what additional training may be required to raise awareness of the new legislation.

· Consider the impact of age discrimination legislation on the business. Although this is currently only at the consultation stage, employers should not sit back and wait for this tranche of legislation to come into force. It is likely to invoke the need for cultural changes in organisations, e.g. many companies may have a culture of fostering younger employees and training them with a view for them to take over from the older workers about whom assumptions of retirement at a specific age are made. With individuals being concerned that their pensions may not be sufficient to keep them during their retirement, it is likely that people will work for longer than is currently customary. Companies should begin now to address issues of ageism in the workplace as deeply-seated views and opinions may take the full three year lead in time to change.

· Definition of indirect discrimination

· Definition of Harassment

Harassment is defined as:

· Prohibition of Post-Termination Discrimination

This follows recent case law from the House of Lords. Even once the relationship has ended, the employer must still not discriminate, for example on the giving of references or in relation to appeals against dismissals.

· Burden of Proof

The Regulations provide for a shift in the burden of proof at Tribunals. Once the complainant has provided sufficient facts for the Tribunal to infer that there could have been such discrimination or harassment, it is then for the Respondent to prove that the action was not racially discriminatory.

· Questionnaires

The Regulations codify the recommendation of the Commission for Racial Equality that race questionnaires should be replied to within a timeframe of eight weeks. The right to serve a questionnaire has also been extended to those complainants who think that they may have been subjected to harassment.

· Prohibition of Post-Termination Discrimination as above

· Extension of the period for which damages can be recovered from the current limit of 2 years to 6

· Extension of the time limit for bringing an equal pay claim in certain circumstances

These are either:

(a) where the employer deliberately conceals relevant facts related to the claim; and/or

(b) where the applicant has a disability.

The normal six month time limit for bringing a claim in a concealment case will not start to run until the time the applicant discovered or could reasonably be expected to discover the concealed information.

In "disability" cases, the term, "disability" means under a legal disability (i.e. being under age or mentally incapable) rather than the definition used in the Disability Discrimination Act 1995. In these cases, the time limit for bringing claims is six months from the time the applicant reaches 18 years of age or ceases to be of unsound mind.

· "Stable employment"

The Regulations also contain provisions which clarify the position on cases of "stable employment" in which the employee has been employed on a series of employment contracts. In those cases the intervening breaks in employment are disregarded for the purposes of calculating time limits and limits on recovery of arrears.

· Prohibition of discrimination

They prohibit direct discrimination, indirect discrimination, victimisation and harassment on grounds of sexual orientation in the same way as in the Race Relations Act 1976 (as amended by the Regulations 2003 referred to above).

· Definition of sexual orientation

Sexual orientation is defined as meaning a sexual orientation towards persons of the same sex, persons of the opposite sex or to both persons of the same sex and of the opposite sex. This therefore covers heterosexuals, gays, lesbians and bisexuals.

· Exceptions

Not all differences of treatment on grounds of sexual orientation will be unlawful. There are exceptions for differences of treatment in relation to national security, for genuine occupational requirements and to benefits which are dependent on marital status.

· Use of a questionnaire procedure

A complaints questionnaire similar to that we are familiar with in race/sex/disability discrimination will be available.

· Definition of religion or belief

Religion or belief is defined as meaning any religion or religious belief or similar philosophical belief. No further guidance has as yet been provided in relation to what this definition will include.

· Exceptions

There are permitted exceptions for differences of treatment related to national security and genuine occupational vocational requirements.

· Questionnaire

A complaints questionnaire similar to that we are familiar with in race/sex/disability discrimination will be available.

· Small employer exemption

This will be removed: all businesses will be covered by the legislation.

· Duty to make adjustments

This duty arises where a "provision, criterion or practice" places a disabled person at a substantial disadvantage. The Regulations provided that it is the duty of the employer to take such steps as are reasonable, in all the circumstances of the case, for him to take in order to prevent the provision, criterion or practice, or feature, having that effect.

· Harassment

The Regulations introduce the statutory definition of harassment on the grounds of a person's disability. Harassment is defined in the same language as in the Race Regulations (see above).

· Burden of proof

The Regulations provide for a shift in the burden of proof at Tribunals so that it is brought in line with the Sex Discrimination Act 1975 (as amended) and the Race Relations Act 1976 (as amended by the Race Regulations above).

· Post-Termination Discrimination

The Regulations prohibit discrimination after the end of the employment relationship, provided the act of discrimination arises out of and is closely connected to the employment relationship. This is similar to the amendments to the Race Relations Act 1976 and the Sex Discrimination Act 1975 set out above.

· Questionnaires

A complaints questionnaire is also available. Under the Regulations, a questionnaire should be replied to within a timeframe of eight weeks. The right to serve a questionnaire has also been extended to those complainants who think that they may have been subjected to harassment.

· outlawing both direct and indirect discrimination on the basis of age in employment and vocational training;

· making direct discrimination on the basis of perceived age unlawful;

· the abolition of employers’ mandatory retirement ages unless employers can objectively justify them;

· the possibility of a default retirement age of 70, at which employers could retire employees without having to justify dismissal on objective grounds;

· proposed legitimate aims which exceptionally employers could use to help justify the retention of a small number of age related practices (e.g. on the grounds of health and safety, facilitation of employment planning, particular training requirements for the post in question, encouraging or rewarding loyalty, or the need for a reasonable period for employment prior to retirement);

· the possibility of allowing employers to reward employees based on length of service or experience, where this can be justified; and

· changes to the legislation regarding unfair dismissals and redundancies so that employees can make a claim at any age as well as changing the way that financial compensation is awarded so that it is no longer based on the employee's age.