- Conference
- 2009 Local Government Service Group Conference
- Date
- 16 February 2009
- Decision
- Carried
Conference welcomes the impact of the Human Rights Act (HRA) 1998 in helping to protect our lesbian, gay, bisexual and transgender (LGBT) members in local government from discrimination, bullying and harassment in their places of work.
The HRA, which applies to public sector bodies or those carrying out public sector functions, incorporates into UK law the following fundamental trade union rights.
1)the right not to be required to perform forced or compulsory labour
2)the right not to be treated in an inhuman or degrading way
3)freedom of assembly and of association (which includes the right to join a trade union)
4)freedom of thought and conscience
5)freedom of expression
6)the right to a private and home life
7)the right to a fair and timely hearing
All of the above rights are granted “without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
Examples of using a human rights approach to LGBT employment equality in local government could include:
a)Using the right to freedom from harm and degrading treatment and the right to a private life to protect our LGBT members from bullying and harassment
b)Using the right to family life to argue for equal treatment for civil partners under the Local Government Pension Scheme
c)Using the right to protection from discrimination to ensure human rights in the workplace are extended to LGBT workers.
Nonetheless, conference notes that an understanding of human rights approaches to employment equality is not yet widespread and there have been few employment law cases where the HRA has been used to challenge local government service group employers. In addition, there is a lack of awareness that the HRS now also applies to staff working in private or charitable care homes. Conference is also concerned by the current lack of formal training and guidance on using human rights based approaches for workers in the education and social care sectors.
Conference therefore instructs the Local Government Service Group Executive to consider ways of addressing these issues within local government by:
i)Publicising the provisions of the HRA and the European Convention on Human Rights to local government branches and activists, and promoting the understanding and use of human rights as an essential principle in defending the rights of our members in the local government service group
ii)Work with the NEC and the self organised groups to lobby for a comprehensive understanding amongst local government employers of their responsibilities under the HRA, with improved staff training and human rights proofing of new policies and procedures
iii)Promote awareness of the extension of the application of the HRA to include care homes in the private and charitable sectors so that it is made clear to employers that our local government members in these areas have the same rights and responsibilities as those working for public sector care providers
iv)Issue advice and guidance so that, where local government services are privatised or contracted out, branches can negotiate with commissioners so that respect for staff human rights is integral to the commissioning and contract monitoring processes
v)Seek opportunities to develop, in partnership with other unions, employers and equality organisations where appropriate, guidance and training for education and social care workers which incorporates human rights bases approaches