Government presses ahead with implementing the Equality Act

July 7, 2010; Equality; no comments

There have been concerns expressed in some quarters that the Coalition Government may water down parts of the Equality Act 2010. However this turns out not to be the case. The Government has now confirmed that it is pressing ahead with its speedy implementation, including the controversial Equal Pay reporting provisions.

The Government is emphasising the business benefits of the new legislation. In a press release (GEO: issued on 3rd July) it notes that:

‘The Equality Act brings together nine separate pieces of legislation into one single Act, simplifying the law and reducing the burden on businesses by making it easier for firms to comply with discrimination law.

The first wave of implementation of the Equality Act will go ahead to the planned October timetable following the publication of the first Commencement Order in Parliament next week. This will pave the way for the implementation of landmark provisions to protect disabled people from discrimination and tackle the gender pay gap.’

The Home Secretary and Minister for Women and Equalities, Teresa May, said

‘By making the law easier to understand, the Equality Act will help businesses treat staff fairly and meet the needs of a diverse customer base… Implementing the Equality Act to the planned timetable makes clear our commitment to equality. A successful economy needs the full participation of all its citizens and we are committed to implementing the Act in the best way for business.’

In conjunction with this statement, the GEO has published, along with the British Chambers of Commerce, the Equality and Diversity Forum and Citizens Advice, summary guides to support the implementation of the Act.

These are thankfully short, concise and clear: a nice change from what had gone before See:

http://www.equalities.gov.uk/media/press_releases/government_equalities_office_s.aspx

Court of Appeal makes judgement on importance of the use of Equality Impact Assessments

; Equality; no comments

The Court of Appeal (22 June 2010) have decided that Haringey Council has not done enough to satisfy its statutory equality duty. The case concerned planning permission for the re-development of a large site in Tottenham.

Residents and local business owners argued that the redevelopment would increase business rents making them unaffordable to local small businesses. Additionally the plans did not include sufficient affordable housing which would mean residents would be forced to move away from their communities. The public sector race equality duty came into play because the majority of the businesses and flats affected by the scheme are occupied by black and other ethnic minority people.

The Court of Appeal judge said that ‘the duty to have due regard (to the statutory equality duty) involves a conscious approach and state of mind which had not been demonstrated in the case in hand. The Council had not focussed on the specific statutory considerations and analysed the material before it with these considerations in mind’

In other words the Council had not carried out an adequate equality impact assessment of the proposed development and as a result the planning permission has been revoked so it’s back to the drawing board.

This ruling supports our view that the discipline of Equality Impact Assessment will survive the Equality Act 2010. It will continue to be an essential tool and a way for public authorities to demonstrate that they have analysed and taken account of evidence of equality impact when making decisions that will change people’s lives.
See
http://www.bailii.org/ew/cases/EWCA/Civ/2010/703.html

The New Coalition Government: equality priorities

May 18, 2010; Government; no comments

Lynne Featherstone, Liberal Democrat MP, has secured a post in the new coalition administration as the person responsible for championing equalities. This role takes on the previous responsibilities of Harriet Harman, but at a more junior level.

On taking up her appointment, Lynne has already expressed her disappointment about the lack of women represented in the higher echelons of the new Government.

Each of the coalition parties has a number of equality priorities, reflected in their manifestos, and they include:

Conservatives: One of the most interesting parts of the Conservative equality agenda includes the potential requirement for a ‘long list’ of directorship appointments to include a 50% tally of female candidates. Other commitments include:

• Extend right to request flexible working to all parents of children up to 18 and all public sector workers.
• Allow both parents to take parental leave at the same time.
• Compulsory pay audit for employers losing gender pay discrimination employment tribunal cases.
• Recognise civil partnerships in the tax system; consider civil partnerships to be called and classified as marriage.
• Historic convictions for consensual gay sex with somebody 16 and over should be ‘spent’.
• Tackle homophobic bullying.

Liberal Democrats:

• Tackle gender, sexuality, age, race, religion or disability discrimination.
• Require name-blind job applications to reduce sex and race discrimination.
• Introduce fair pay audits for firms with more than 100 workers.
• Public companies to declare remuneration of £200,000 a year or more.
• Extend the right to request flexible working to all employees.
• Seek to extend period of shared parental leave to up to 18 months
• Require better recording of hate crimes against disabled, homeless, sexual and transgender people.
• Confront homophobic bullying.