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Plans to "declutter" and "strengthen" discrimination law

The Government has begun the countdown to the introduction of its single Equality Bill with the publication of Framework for a fairer future - the Equality Bill (on the Equalities Office website), setting out initial details of the Bill’s contents.

So what can we expect? Specific proposals set out in the document are as follows.

  • A single public-sector equality duty to replace the current duties in relation to race, disability and equality. The new duty will also cover gender reassignment, age, sexual orientation and religion or belief.
  • The outlawing of pay secrecy clauses so that employees cannot be prevented from discussing their pay where they wish to do so.
  • An extension of positive action, so that employers can take underrepresentation into account in the recruitment process. This will be applicable only where the candidates are equally suitable - the deciding factor where, for example, a white man is up against an equally suitable black or female candidate but the existing workforce is predominantly white and male. There will be no fixed rule that it must be done in all cases.
  • The outlawing of age discrimination in the provision of goods and services.
  • Wider powers for employment tribunals to make recommendations, such as the introduction of an equal opportunities policy or a review of a pay policy, so that the recommendation can benefit the workforce of an employer found to have discriminated even if the claimant has since left the organisation. Tribunals will also be able to take failure to comply with recommendations into account if further claims are brought against the employer.

The framework document also sets out plans to explore how discrimination claims on combined multiple grounds can be brought - where, for example, someone suffers discrimination because she is a black woman. It also refers to the possibility of representative actions being permitted. This would allow bodies such the Equality and Human Rights Commission to bring cases on behalf of a group of people as a single claim.

Discrimination law is notoriously complex - not least because much of it has developed piecemeal as a result of EU law. At present, the different strands contain anomalies on such matters as the burden of proof and third-party harassment, so many people will be as interested in the promised “decluttering” process as the new provisions set out above. We’re also told to expect “plain English”, so that people are in no doubt about their rights and responsibilities. The Government is certainly promising a lot - let’s hope that when it’s finally published the Bill lives up to expectations. In the meantime, a more comprehensive paper on its content is due to be published shortly.

Joanna Stubbs | |

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