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Glossary

ACAS: Advisory, Conciliation and Arbitration Service: a nation-wide network of Public Enquiry Points which answer queries on employment law and related issues, and can offer a conciliation service in cases of potential discrimination. ACAS equivalent body in Northern Ireland is the Labour Relations Agency.
Advent: The coming or second coming of Christ.
Age discrimination: Occurs when someone is treated unfairly or badly compared to others because of how old they are. This happens because people have unfair, old fashioned, stereotypical or prejudiced ideas or beliefs about older people or young people in particular.In 2006 there will be legislation covering age discrimination
Age discrimination - how?: Age discrimination happens in a more indirect way, where a rule or condition has a greater negative impact on people of a particular age, e.g., stating that an applicant must have 10 years experience would disadvantage young people and unless it was a reasonable requirement for the job would be indirect discrimination.In 2006 there will be legislation covering age discrimination
Age Diveristy At Work: Means employing people of all ages, and not discriminating against someone because of how old they are. The code covers good practice in six areas of employment.
Anand Karaj: The ceremony of joy. This is the marriage ceremony for a Sikh couple and takes place at the gurdwara (temple).
Anglicanism: The Church of England, a reformed and world-wide Christian group, dates from the late sixteenth century. It is a bridge between Roman Catholicism and Protestantism.
Asylum Seeker: Someone who has fled to another country in order to make an asylum claim i.e. a request for refugee status.
Baptism: A rite of passage requiring a dip or full emersion in water. Baptised Christians share symbolically in Jesus death and resurrection.
Bhagavad Gita: Literally, the song of the Lord. This revelation is a record of the sermon delivered by Krishna.
Bindi: A red powder spot marked on the forehead of a Hindu (and sometimes a Sikh) woman to indicate that she is married.
Brahman: The supreme and eternal creative force from which other Hindu Gods and Godesses eminate. Braham plays the roles of creator, maintainer and destroyer in his varied incarnations.
Bullying (at work): Offensive, intimidating, malicious, insulting or humiliating behaviour, abuse of power or authority which attempts to undermine an individual or group of employees to case them to suffer stress. (MSF Union 1994)
Burden of proof - Sex Discrimination: Once an individual has found a comparator and can show that there is an issue of like work or equal value, the burden of proof shifts to the employer to defend the case and show that the reason for the pay difference is not related to sex discrimination.
Cautions: Cautions are given when there is sufficient evidence for a conviction but it is not considered to be in the public interest to institute criminal proceedings. Cautions have traditionally been most used for juvenile and first time offenders.
Civil Partnership: Civil Partnership is a new legal relationship, which can be registered by two people of the same sex. It gives same-sex couples the ability to obtain legal recognition for their relationship.
Conciliation: The process of conciliation is a means by which a third party - a conciliator - may help settle a dispute involving employment rights without having to go to court.
Constructive Dismissal: If you have to resign because you cannot bear to work in your job any longer as the result of unfair treatment or harassment where your employer has failed to take any action to investigate your complaint. Take legal advice before resigning!
Conviction(s): Convictions arise from offences tried at court.
Criminal Records: Contain details of convictions, as well as cautions, reprimands and final warnings etc.
Detriment: To be subjected to a detriment is to be put under a disadvantage. In terms of harassment, the harassment itself can be a detriment, even if it did not lead to further detriment such as a transfer or dismissal.
Direct discrimination: Direct Discrimination means treating a person less favourably on grounds of their colour, race nationality, ethnic or national origin, gender or marital status or for reasons relating to a person's disability.
Disability: Under the Disability Discrimination Act 1995, a disability is "a physical or mental impairment which has a substantial and long-term adverse effect upon a person's ability to carry out normal day-to-day activities.
Disability Discrimination Act 1995: The Disability Discrimination Act 1995 (DDA 1995) was passed to introduce new measures aimed at ending the discrimination many disabled people face. It protects disabled people in the areas of employment, the provision of goods, facilities and services and the selling, letting and managing of land or premises. In addition the DDA 1995 requires school, colleges and universities to provide information for disabled people and allows the Government to set minimum standards to assist disabled people to use public transport easily.
Disempower: To make someone feel less powerful or confident.
Diversity: Equal Opportunities is about the law, Diversity, on the other hand is about the culture within the organisation. How does it feel to be an employee? Organisations do not have to address issues of diversity - this is something which is driven internally, rather than externally through the law. However, many organisations recognise the business benefits of diversity and developing a culture in which all individuals (ie not just those covered by legislation or just ethnic minority employees) are able to make the best of their skills and talents. Diversity is often defined as something like 'A culture in which all individuals are enabled to give their best and make the best of themselves, which benefits both the individual and the organisation'. One example of where equality and diversity work together is recruitment. If jobs are not advertised, and are just given to favoured individuals, then this is likely to lead to some employees feeling resentful and frustrated. Policies and practices around recruitment fall under the equal opportunities 'banner'; but the resulting feelings of resentment are to do with the culture and feel of the organisation. Promoting practices which are unfair and lead people to feel negatively are not supporting a culture in which people can give their best. (Jill Jackson, Schneider Ross)
Employer: In Disability Discrimination Act 1995 the term means any employer.
employment tribunal: Employment Tribunals resolve disputes between employers and employees over employment rights.
empowerment: To give power, make able.
Equal Opportunities: Equal opportunities is about giving people the right to be treated fairly in employment, education and services and not discriminated against on the grounds of their sex, race or disability. Equal Opportunities legislation protects these groups of people but employer's policies usually extend this protection to cover discrimination on any grounds. By 2006 there will be further legislation covering discrimination on sexual orientation, religion and age. (Also, see Diversity)
Equal Pay: Equal pay means that men and women receive the same level of pay as employees of the opposite sex who are performing equal work. Any differences must be objectively justifiable by reasons unrelated to
Equality: Equality is recognising that discrimination is unacceptable regardless of people's gender, race, sexual orientation, nationality, religion, ethnic or national origin, marital status, age, colour, disability, carer status, or social background. To treat everybody with equality does actually mean to treat people differently with equity, as we all have very different needs and requirements.
Equality & Human Rights Commission (EHRC): The EHCR came into being on 1 October 2007. It combines the responsibilities and powers of the three previous equality commissions. (Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission). The EHCR champions equality and human rights for all, working to eliminate discrimination, reduce inequality, protect human rights and to build good relations, ensuring that everyone has a fair chance to participate in society.
Ethnic: An adjective used to refer to a group of individuals who share and identify with certain common traits, such as language, ancestry, homeland, history, and cultural traditions.
Ethnic groups: Subgroups within a larger society or cultural order that are distinguished by their national religious linguistic cultural and sometimes racial background.
Ethnic Minority: The CRE uses the term ethnic minority, not minority ethnic, BME, or visible minority. Ethnic minority, in the CRE's usage, includes members of white minorities (such as Irish), unless it is stated that the term is being used in a narrower sense (excluding all white groups) which is sometimes necessary if the term relates to statistics produced by other bodies using this narrower definition.
Ethnic Monitoring: Means the process of collecting and analysing information about people's racial or ethnic origins to see whether all groups are fairly represented.
Ethnicity: There exists more than one definition for ethnicity. It can be used to describe how people are defined, differentiated, organized and entitled to group membership based on shared physical or cultural characteristics. Ethnicity can also be used in reference to a consciously shared system of beliefs, values, practices and loyalties shared by members of a group who perceive themselves as a group. Ethnicity can essentially be thought of as an attachment that a person or a group feels towards a common cultural heritage.
Fidelity Bonding: A fidelity bond, or fidelity guarantee insurance, is a form of insurance that organisations can purchase to protect themselves against loss of money or property caused through the dishonest acts of employees.
Gender Equality: The term comprises the envisaged equality between both sexes in all areas, including employment, education and social rights.
Gender Impact: Where a particular practice affects groups of women (or men).
Gender reassignment: This is the process, undertaken under medical supervision, of reassigning a person's sex by changing physical, social or other characteristics.
Genuine Occupational Qualifications (GOQs): Where it is possible to discriminate in favour of one sex in employment, promotion, transfer or training because the sex of the worker is a genuine requirement in order to do that job. GOQ's can be claimed in relation to physiology (excluding strength and stamina) privacy and decency, work in private homes, single sex accommodation, single sex establishments, welfare and education services.
Grievance Procedures: Arrangements or procedures for dealing with grievances, such as complaints about bullying, harassment or discrimination; or appeals against decisions on promotion or appraisal marks.
Harassment: A feeling of intense annoyance caused by being tormented.
Hate Group: Hate groups are organised groups promoting highly offensive attitudes or even committing acts of violence towards people adhering to a particular racial, ethnic, religious or other social group.
Heterocentric: Where heterosexuality is central and assumed. Heterosexuals are rewarded and lesbians, gay men and bisexuals are oppressed.
Heterosexism: The belief that heterosexuality is the only valid and acceptable form of sexual identity and expression.
Homophobia: The fear and hatred of homosexuality.
Humanism: Humanism is the belief that we can live good lives without religious or superstitious beliefs. Humanists make sense of the world using reason, experience and shared human values. They seek to make the best of the one life they have by creating meaning and purpose for themselves. They take responsibility for their actions and work with others for the common good.
Immigration: The process in which people move to and permanently settle in a country other than the one they were born in.
Indirect discrimination: Indirect discrimination is treatment which is seen be equal to all employees but discriminates against people of a particular national, racial or ethnic background, gender, because of a person's disability or religion or belief or sexual orientation, because they are being subjected to an unjustifiable condition of employment.
Institutional Discrimination: A complex form of discrimination which is knitted into the fabric of society, or an organisation through the culture and working practices that have evolved.
Institutional Racism: See Institutional Discrimination
Less favourable treatment: To treat less favourably an employee or customer, or job applicant less favourably, because of a reason relating to his or her disability, than other people, to whom that reason doesn't apply, including other disabled people.
Less favourable treatment (types of): Less favourable treatment to an employee/customer can include worse terms and conditions of employment, a lower standard of service/service on worse terms, or, refusal of service/employment to someone for reasons relating to their disability.
Long-term: Under the DDA 1995, a long term effect of an impairment is one which has lasted 12 months, is likely to last for 12 months or which is likely to last for the rest of the life of the person affected. (Disability Rights Commission)
Mental impairment: This includes a clinically well-recognised mental illness and what is commonly known as a learning disability.
Migration: The act of leaving one country or region to settle in another.
Minority group: Sociologically, the concept "minority group" does not refer to demographic numbers, but is used for any group which is disadvantaged, underprivileged, excluded, discriminated against, or exploited. As a collective group, a minority occupies a subordinate status in society.
Normal day-to-day activities: Normal day-to-day activities are those that are carried out by most people on a regular and frequent basis. It does not cover specialist activities classed as normal for a particular group, i.e. musicians, unless their normal activities are also affected. Impairment affects normal day-to-day activities if it affects one of the following. Mobility, Manual Dexterity, Physical Coordination, Continence, Ability to lift, carry or move everyday objects, Speech, Hearing or Eyesight, Memory or ability to concentrate, learn and understand, Perception of physical danger or risk.
Outing: When information that an individual is lesbian or gay is shared with others without that individuals consent.
Part time working: Part time workers with an employment contract or other employment relationship defined by law, collective agreement or practice, or, workers whose normal hours of work (as measured by the weekly or annual average) are less than the normal hours of comparable full-time workers.
Paternity Leave: Leave for father of new born baby.
Physical feature: 'Physical feature' includes anything on the premises arising from a building's design or construction or from an approach to, exit from or access to such a building; fixtures, fittings, furnishings, equipment or materials; and any other physical element or quality of land in the premises. All of these are covered whether temporary or permanent.
Physical impairment: This includes, for instance, a weakening of part of the body (eyes, ears, limbs, internal organs etc) caused through illness, by accident or congenitally. Examples would be blindness, deafness, paralysis of a leg and heart disease.
Positive Action: Taking steps to overcome past disadvantage or under representation. This might involve advertising to encourage candidates from a particular group to compete for jobs; or training to help develop the potential of under-represented groups
Positive Discrimination: Positive discrimination is illegal. Employing someone because they come from a disadvantaged group, regardless of whether the person has the relevant skills and qualifications.
Prejudice: Means to pre-judge someone, knowing next to nothing about them but jumping to conclusions because of some characteristics, like their appearance.
Racial Group: The CRE uses the term racial group, in the context of racial discrimination cases with the definition given in the Race relations Act 1976 that is, to cover groups defined by common race, colour, ethnic origin, national origin, or nationality (including citizenship). Please note that it is a matter of rulings by the courts - not of CRE house style - that certain groups have the status of racial groups under the Race Relations Act while others have not for example, that Sikhs, Jews and Irish Travellers qualify, but Muslims and Rastafarians do not.
Racial Harassment: Harassment occurs when someones actions or words, based on the relevant grounds, are unwelcome an violate another persons dignity or create an environment that is intimidating, hostile, degrading, humiliating or offensive.
Real life test: This refers to the transition period in gender reassignment during which the individual must live and work in the new sex.
Reasonable: In terms of reasonable adjustments, if a complaint were to be made against an employer, an employment tribunal would decide whether the adjustment being considered were reasonable or not.
Reasonable Adjustment: Reasonable adjustments are changes to physical premises or working practices which remove the disadvantage they present to a person with a disability. There are no cut and dried rules because everyone is different.
Refugee: Those who have been awarded refugee status (which allows the individual to remain in the UK). Also, those asylum seekers who have been given the right to work in the UK (and claim JSA) where their asylum claims were made prior to April 2000.
Religion or Belief: Religion or belief is defined as being any religion, religious belief or similar philosophical belief. This does not include any philosophical or political belief unless it is similar to religious belief. It will be for the Employment Tribunals and other Courts to decide whether particular circumstances are covered by the regulations.
Reprimands and final warnings: Replaced cautions for juveniles in June 2000
Segregation: The process or practice of separating groups on the basis of culture or race. Segregation can occur voluntarily orinvoluntarily, be formal or informal.
Service Provider: A business or organisation covered by the provisions of Part III of the Disability Discrimination Act 1995, which came into effect on 1 October 1999.
Sexism: Sexism describes discrimination against someone on the grounds of their gender.
Sexual Harrassment: Sexual Harrassment is the unwelcome physical, verbal or non-verbal conduct of a sexual nature. This includes comments about the way you look, indecent remarks, questions or comments about your sex life, requests for sexual favours, sexual demands by a member of your own or opposite sex, any conduct of a sexual nature which creates an intimidating, hostile or humiliating work environment for you. It is now clear that a single remark or incident can, if sufficiently serious, can amount to sexual harrassment.
Sexual orientation: Sexual orientation refers to a person's sexuality. Commonly used terms for people whose sexual preference is for people of the same sex as themselves are homosexual, gay and lesbian. Discrimination on the grounds of sexual orientation is not covered by the Sex Discrimination Act.
Social Exclusion: Where individuals or groups are not able to participate fully in society because of unemployment, low skill levels, poverty, bad health, poor housing or other factors. Social Inclusion is about removing the barriers and factors which lead to exclusion so people can participate.
Stereotyping: Acting on assumptions about any role which is suitable for men or women.
Substantial (adverse effect): Under the DDA 1995, a substantial adverse effect is something which is more than a minor or trivial effect and goes beyond the normal differences between people. (Disability Rights Commission)
Tokenism: Superficial efforts or symbolic gestures toward complying with desegregation or equal opportunity laws rulings or guidelines.
Transgenderism or Transsexualism: This is a recognised medical condition where an indivdual believes he or she was born in a body of the wrong sex.
Vicarious Liability: If an employee commits a discriminatory act, the employer is liable for any compensation that is awarded. This is known as vicarious liability. However, if the employer can show they have taken reasonable steps to prevent discrimination, then the individual employee may be held personally liable.
Victimisation: It is also unlawful to discriminate against someone less favourably than others because they have taken a case of discrimination, or given evidence relating to a case, or alleged that discrimination has occurred.
Visible Minorities: A term used to refer to non-white racial minorities. It is also usually acknowledged that being a member of a visible minority increases the chances of discrimination or racism.
Vunerability: A person may be considered vunerable if in receipt of some form of care, has a physical or mental disability, or is of such an advanced age that he or she would be incapable of protecting him or herself from assault of physical abuse. Readers are advised to check the full definition of vulnerability provided in the CRB Code of Practice.
Work of Equal Value: When a woman claims that her work is of equal value to a male colleague, she will be performing different job duties but will be arguing that the work she does, in terms of the demands made on her, for instance, in terms of effort, skill and decision making, is of the same as that of the man and they should therefore be paid the same.
Xenophobia: Fear of foreigners. Xenophobia is contrary to the fundamental principles of liberty, democracy and respect for human rights upon which the European Union is founded.