Only 38% of HR professionals have been trained to deal with the implications of the Employment Equality Regulations 2003.

The laws were introduced fourteen months ago and relate to sexual orientation and religion or belief.

The survey conducted by Fuel, a provider of e-learning solutions does, however, show an improvement since the same sentiments were tested in 2004 when just 10% of HR staff reported to having received training on the regulations.

Within the public sector, 72% of people surveyed had received training but the trend is not reflected within the private sector where only 53% have done so.

HR appears to also be falling behind when it comes to age discrimination. Despite the looming regulations which are due to be in force by October 2006 just 19% of the sample has received any training to date. Awareness of the new legislation is growing, however. Within the public sector, 85% know of the new rules while 62% of the private sector said they knew of the obligations.

Fuel cites two cases to illustrate the pitfalls of ignoring the rules:

• Mohammed Saiwal Khan won the first victory in a case of religious discrimination under the December 2003 legislation in January 2005. NIC Hygiene sacked Khan after he took extended leave to make a once-in-a-lifetime religious pilgrimage to Mecca. A Leeds tribunal found in his favour and awarded him £10,000 in compensation.
• In February 2005, Robert Whitfield, a homosexual office manager who was nicknamed Sebastian by senior colleagues after an effeminate comedy series character, was awarded £35,000 at an employment tribunal. Whitfield said he had been subjected to a campaign of homophobic abuse during his time working for waste management firm Cleanaway in Brentwood, Essex. He sued for breach of contract, unfair dismissal and victimisation because of sexual orientation.

Steve Dineen, Chief Executive of Fuel commented: “It is surprising that HR staff are not fully up to date and trained on all existing legislation in order for them to ensure their organisations compliance with the regulations and address the necessary training requirements. Not only are they playing catch-up in terms of the legislation already in force, they are also going to have their work cut-out preparing for forthcoming regulations as well.”

A total of 298 HR professionals were quizzed as part of the survey.