The Equality Act 2006: Commission for Equality and Human Rights

In the second of a series of articles on the Equality Act 2006, Naomi Flynn of Osborne Clarke looks at the establishment of a single Commission for Equality and Human Rights, the changes regarding discrimination on the grounds of religion and belief and the provisions contained in the Act relating to goods and services.

Commission for Equality and Human Rights

The Equality Act 2006 provides for a statutory body to address human rights and equality and discrimination issues in relation to sexuality, religion or belief, age, race, gender and disability. This will be done by establishing a single Commission for Equality and Human Rights (CEHR). The CEHR will replace and take on the functions of the Equal Opportunities Commission and the Disability Rights Commission from October 2007 and the Commission for Racial Equality in 2009. This will effectively put expertise on equality, diversity and human rights in one place.

In addition to continuing work carried out by the existing equality commissions to tackle race, sex and disability discrimination, the CEHR will be responsible for regulating equality in respect of age, religion and belief, and sexual orientation. In doing so, the CEHR will have responsibility for promoting and protecting human rights and encouraging good practice in relation to human rights. The intention is that the CEHR will promote equality and fairness for all and provide institutional support for the rights granted under the Human Rights Act 1998. There is currently no statutory body with responsibility in respect of discrimination on grounds of age, religion or belief, and sexual orientation or for ensuring that public bodies adhere to the Human Rights Act.

The CEHR will have more extensive powers than the existing equality commissions to enforce legislation and promote equality. The CEHR will have a wider remit to promote human rights and equality generally than the existing commissions, even in those areas not covered by specific pieces of legislation. In particular, the CEHR will have general powers to publish statutory codes of practice and information, to give guidance and advice, and to undertake research. The CEHR will also have specific powers to:

  • support individual cases to clarify the law;

  • conduct investigations into the most serious cases of unlawful discrimination; and

  • issue unlawful act notices requiring action to be taken.

    Protection for non-believers

    The Equality Act 2006 will clarify the existing law on religion or belief discrimination to make it clear that the law also protects people who are discriminated against on the grounds of a lack of a particular religion or belief; it explicitly specifies that 'a reference to religion includes a reference to lack of religion' and 'a reference to belief includes a reference to lack of belief'. Currently, the law on religious belief discrimination does not explicitly extend protection to those who are agnostic or atheist, although its provisions may be interpreted as providing this protection. The amendment will clarify this position, removing the confusion and uncertainty in this area.

    Provision of goods and services

    The Equality Act 2006 will extend the discrimination legislation covering religion or belief to include the provision of goods, facilities, services, premises, education and the exercise of public functions (subject to certain exemptions). In addition, it contains a power to introduce regulations that will extend the sexual orientation provisions to the goods and services field. Calls to extend the laws protecting transgender individuals from discrimination into the goods and services field were rejected (the government felt it was too early to legislate on this issue).

    Next week's article will feature a case study on religion and belief demonstrating the implications of discrimination on the grounds of non-belief.

    Naomi Flynn is a solicitor in the employment department at Osborne Clarke (Naomi.Flynn@osborneclarke.com).

    Further information on Osborne Clarke can be accessed at www.osborneclarke.com