The protection from the Harassment Act of 1997 may also be peripherally relevant in this case. Another piece of legislation that may also be considered in this case is Part II of the Race relations Act of 1976, which deals specifically with discrimination by employers, under which the various freedoms guaranteed to an individual by a State would include the freedom to enter into employment without prejudice. Under Part II, Section 4 an employer’s action would also be deemed to be unlawful under the provisions of this act if he/she discriminates against an employee or potential employee by “refusing or deliberately omitting to offer him that employment.” Since the UK is now a part of the European Commonwealth, there are certain provisions of European community law that also have to be applied within the member States. Article 8 of the Convention mandates the right to privacy and individual freedoms while 14 Article 14 of the European Convention on Human Rights mandates that “the enjoyment of the rights and freedoms” in the Convention be secured “without discrimination.”1 The Human Rights Act of 1998 was passed in England pursuant to the European Convention on Human Rights and discriminatory treatment that violates individual freedoms. Under Article 3 of the Human Rights Act of 1998, English Courts are obliged to read and give effect to existing Parliament legislation in such a manner that it will be compatible with convention rights “as far as it is possible to do so.”2 In this context, Feldman highlights the significance of civil liberty as a defining element of the “relationship between the State and its citizens, such as freedom from discriminatory or arbitrary treatment.”
In the case of Equal Opportunities Commissioner v Birmingham City Council 4, it was stated: “There is discrimination under the statute if there was less favorable treatment on the ground of sex….” The legislation in this regard clearly sets out two kinds of .discrimination that can occur. .