United Kingdom | www.non-discrimination.net

Introduction

The information contained on this page represents the situation as of 31 December 2009 and is a summary of the country report produced by the country expert from the network. The summary can be downloaded here as well.

Contact:
Colm O'Cinneide
E-mail: c.o'cinneide@ucl.ac.uk

Country context

The United Kingdom (UK) comprises England, Wales, Scotland and Northern Ireland (NI), with the term Great Britain (GB) used to refer to England, Wales and Scotland. The UK is a parliamentary democracy, based around the core principle of parliamentary sovereignty. It has neither a written constitution prescribing a formal separation of legislative, executive and judicial powers, nor an entrenched constitutional bill of rights. However, an extensive set of constitutional conventions establish what has been described as an unwritten constitution, backed by a long tradition of adherence to rule of law ideology.

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Main principles and definitions

UK anti-discrimination legislation has developed in a piecemeal manner over time and differences exist between the definitions of key concepts used in the different statutes, especially where existing legislation has been modified to comply with EU law.

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Enforcing the law

Individuals who consider they have been discriminated against can bring legal proceedings, with cases involving allegations of employment-related discrimination (public sector and private sector) going to the employment tribunals (industrial tribunal or Fair Employment Tribunal in NI), and complaints concerning any other unlawful discrimination (by public sector or private sector bodies) going to the civil courts. The main remedy available is damages, which are calculated as in civil proceedings for tort.

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Main legislation

As the UK has no written constitution, legislation is the primary tool for establishing anti-discrimination law in the UK. The UK has ratified all the major international human rights treaties, including the European Convention on Human Rights, the UN Covenants, CEDAW, CERD, the Convention Against Torture and the Convention on the Rights of the Child. It has also ratified the main Council of Europe human rights instruments, including the ECHR, the Charter on Minority Languages and the Convention on Minority Rights. International treaties are not directly applicable in UK law unless incorporated by an Act of Parliament, so offer little protection against discrimination in domestic law, although they can be used to interpret legislation in certain circumstances.

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Material scope

The UK anti-discrimination legislation applies to all sectors of employment, both public and private. It also applies to some but possibly not all forms of self employment, which may fall short of the Directives, especially where voluntary work related to self-employment is concerned.

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Equality bodies

The three previous GB equality commissions, the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission, have been replaced by a single Equality and Human Rights Commission (EHRC) in October 2007, which can support complainants in legal proceedings, has enforcement powers of its own, and also has powers to promote and encourage respect for equality of opportunity through research, public comments and other methods.

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