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of practice with the objective of preventing discrimination and promoting equal opportunities in the workplace. Whilst the codes do not contain any legal sanctions, they can be used as evidence in tribunal proceedings. Even though the roles of the EOC and the CRE have been taken over by the Equality and Human Rights Commission, their original codes of practice are not obsolete. Section 42(3)(a) of the Equality Act 2006 states that codes issued prior to the formation of the EHRC continue to have effect until the Commission requests that the Secretary of State revoke them. At the time of writing no such request has been made. The EHRC can revise the existing codes and is also able to issue new codes of practice. EOC code (1985) This code is referred to as the ‘Code of Practice for the elimination of discrimination on the grounds of sex and marriage and the promotion of equal opportunity in employment’. It provides guidance to employers, trade unions and employment agencies on measures that can be taken to achieve equality in the workplace. It provides guidance on advertising job vacancies, selection methods, interviews, the use of appraisal schemes and disciplinary and grievance procedures. It also provides guidelines on the drafting of equal opportunities policies and on the ways in which equal opportunity in the workplace can be monitored. The EOC also issued the ‘Gender Equality Duty’ code of practice in 2007. CRE code (2006) This code is referred to as the ‘Statutory Code of Practice on Racial Equality in Employment’. It came into force on 6 April 2006. 2 Discrimination in employment

CASE SCENARIOS

A Helen, Annie and Danny work at a local school. Helen teaches maths, Annie teaches music and Danny is the deputy headmaster. Helen has been teaching for ten years and is keen to be promoted. She recently attended a promotion interview but the job was given to her colleague Adrian. Adrian has fewer qualifications than Helen and he has only been teaching for five years. Helen asked her line manager why she did not get the job and he said that the interview panel had thought it ‘better to put a man into a top job’. Annie recently gave evidence in the Employment Tribunal for her colleague Susan. Susan was bringing a claim under the Employment Equality (Sexual Orientation) Regulations 2003 because she felt that she had been discriminated against because she is a lesbian. Annie recently applied to go on a training course but her line manger refused her request. He told her that it was ‘payback time’ for her involvement in Susan’s claim. Danny is 54 years old. He is aware that a vacancy is due to arise for a headmaster at a neighbouring school. Yesterday he telephoned the school to ask about the vacancy. The current headmaster told him that he was too old to apply and that they were ‘really looking for someone a bit younger, someone around 40 years old’, and ‘definitely not someone over the hill’. Advise Helen, Annie and Danny on any claims that they may have using anti-discrimination law. Would their employer/prospective employer have any defence to any claim made? B John manages a large community theatre group. He is staging a performance of Othello and has placed an advertisement in his local newspaper asking for applications for the lead role from ‘black actors only’. He also advertises for ‘strong and healthy stage-hands’. Adam is a w