The Equality Bill has been scheduled for its second reading in the Commons on 11th May (A week on Monday). Second reading debates are always frustrating (in the Commons at least) because so few of the MPs will be sufficiently familiar with discrimination law to talk about the detail. The real work starts when the Bill goes into Committee.
Archive for April, 2009
The Government is proposing to amend the Equality Bill (Already?) to provide for multiple direct discrimination. That is to say, discrimination on the grounds of multiple protected characteristics eg ‘I won’t employ you because you are a black disabled man ‘. I’m not convinced of the need for this - the above example is really just an example of discrimination based on race, disability and sex and surely can be pleaded as such. However I’ll have a careful look at the consultation document (here) and see if it makes sense.
Another thought on the Equality Bill’s provisions on disability discrimination. Clause 14 of the Bill is designed to address the House of Lords’ judgment in Lewisham v Malcolm which essentially rendered the current definition of ‘disability related’ discrimination meaningless.
But I have been staring at Clause 14 for 2 days now - and the fact is, it doesn’t make any sense.
Continue reading ‘Equality Bill - disability discrimination’
The frustrating thing about news reports on the Equality Bill is their concentration on the least important – but most political aspects of the Bill. Take the ‘socio-economic duty’. This is a duty placed on public bodies to ‘have due regard’ to the desirability of exercising their functions in a way that is designed to reduce the inequalities in outcome that result from socio-economic disadvantage.
In deciding how to do that the public body must take account of any guidance issues by a Minister.
Continue reading ‘The Equality Bill: Positive discrimination and Disability’
Well - no sense of anti-climax at all. There are all sorts of intriguing details in the Bill and obviously I have only had the opportunity to scan it briefly. It is clear however that the law on disability discrimination is being transformed and I will post a separate analysis of this shortly. Generally, the biggest change to the law in employment terms is the introduction of positive discrimination in clauses 152 and 153. This is much wider than expected and is not limited to recruitment. There is a general ability to discriminate in favour of underrepresented groups if certain conditions are met and it is a proportionate means of achieving a legitimate aim. In recruitment and promotion there is an ability to discriminate where ‘A is as qualified as B to be recruited or promoted’ and the purpose is to improve equality. I can’t find a definition of when A is to be regarded as ‘as qualified’ as B. This is a big change, and I expect these provisions to undergo some amendment before they are passed
And we’re off! The Bill is here with side by side notes! Some serious reading to do now and then we can see what the big changers are.
I’m far more excited by this than a grown up should be!
The Equality Bill has been laid before parliament and will be published today. See the BBC report here.
I’ve been skeptical for months that the Government will have time to introduce and pass the Bill in time for the next election - but it looks like they’re just in time. Watch this space for details of the Bill once its actually published (don’t believe any details you read in the press).
If we are coming to you soon for an employment law update or a discrimination course then the Bill will be included in that. If you don’t have a course booked then now is a good time to start thinking about it. The Bill is going to make some really important changes to discrimination law - especially if you’re in the public sector.
The Chancellor has announced that the limit on a week’s pay for redundancy payments will be increased to £380. Here is the relevant paragraph from the full budget report:
5.27 To help provide adequate support for individuals who have been made redundant the Government announces a one-off increase in the level of statutory redundancy pay, making the weekly rate £380. The Government is also considering whether to introduce a new ‘floor’ which would set a minimum level for statutory redundancy payment rates, and would legislate on this in the next Parliament.
Let’s leave aside the point about the new floor on redundancy payments - the Chancellor didn’t say that out loud in his speech, and in any event there may well (!) be a different Government in power in the next Parliament.
The thing that puzzles me is just how this uplift will be made. The current limit of £350 is set out in S.227(1) of the Employment Rights Act and the amount is increased each year by an Order issued under S.34 of the Employment Relations Act 1999. However orders under that section are not at the Secretary of State’s discretion. They must be based on an uprating of the awards based on the retail prices index as it stands each September.
So how will this increase be made? When will it be effective from and will it also include the basic award for unfair dismissal? I’ll update this post as the position becomes clear.
UPDATE: It seems that under S.14 of the Work and Families Act 2006 the Gov. can make a once only uplift in the amount of a week’s pay (good old IDS, we’d be lost without you). Let’s wait and see when it actually happens.
The Government is committed to introducing a single equality bill in this Parliament which brings together all of the different discrimination strands into one piece of legislation. Apparently this will not just be a consolidation Act because the plan is to simplify and clarify the law as well as put it all under one roof. There is also a clear need to overhaul the law on disability discrimination which has been rendered incredibly uncertain by a number of recent decisions in the courts. Add to this new rules on age discrimination in goods and services and reforms to the public sector duties to promote equality and we are looking at a large and very complicated Bill.
So will it happen?
The next couple of weeks will be key. If the Bill is to make it through Parliament before the expected General Election next year then the Government needs to get a move on. With the summer recess and a break over Christmas there is not much Parliamentary time to spare. If we haven’t seen the Bill by the end of April then my bet will be that there just won’t be time to pass it.
If the Bill is introduced then that will obviously be a big deal for all of us involved in employment law. All of our courses and updates will be bang up to date on the latest developments. If you have any special requirements for a full briefing on the new Bill then do give us a call.
