Transcript Document

Welcoming the Equality Act 2010
Equality Law Conference
8 December 2010
John Wadham
Group Legal Director
Equality and Human Rights Commission
The Joint Human Rights
Committee
“The Equality Bill is one of the most significant human rights
measures introduced into Parliament in recent years. It
harmonises and simplifies discrimination law and also
introduces a number of new measures, including a single
equality duty on the public sector, extended protection from
discrimination in a number of areas.......”
Overview
This presentation will cover :
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Key features of the Equality Act
The role of the EHRC
Codes of Practice and Guidance
The public sector equality duty
• EHRC Litigation and enforcement strategy
Key new provisions
• Discrimination ‘because of a protected characteristic’
covers association and perception (s.13)
• Definition of disability (s.6 and Schedule 1)
• Discrimination arising out of disability (s.15)
• Pre-employment disability and health enquiries (s.60) and
EHRC power to enforce ban (s.60(2))
• Gender reassignment (s.7)
• Protected pay disclosures (s.77)
• Third party harassment now applies to all protected
characteristics (s.40(2))
Public sector equality duty General duty
• Scheduled public authorities must, in the exercise of their
functions, have due regard to the need to –
– Eliminate discrimination, harassment, victimisation and
any other conduct prohibited by the Act
– Advance equality of opportunity
– Foster good relations between persons who share a
relevant protected characteristic and those who do not
• Duty applies to bodies which are not public authorities but
which exercise public functions
Specific duties
• Section 153 - Ministerial power to impose specific duties to
help public authorities meet their ‘general duty’
• Consultation on draft regulations closed10 November
• The proposals for the specific duties –
– Transparency – public authorities required to publish data on
equality in relation to their workforce and services they provide
– Equality outcome objectives - public authorities will be required to
set equality outcome objectives, informed by the evidence and
data they publish
Role of Equality and Human
Rights Commission
• EHRC has a remit across Britain and:
– Provides advice and guidance
– Works to implement an effective legislative framework
– Raises awareness and understanding of everyone’s rights
– Monitors progress - Triennial Review 11 October 2010
• Tripartite mandate: to promote and protect equality and
human rights, and to foster good relations between groups
• Legal enforcement powers and grant-funding programme
• Statutory powers and duties in Equality Act 2006
EHRC’s Codes of Practice
• Codes of Practice for Employment, for Equal Pay, and for
Services, Public Functions and Associations were laid in
Parliament on12 October
• Consultation on Draft Code for Public Sector Equality Duty now; timetable for Scotland and Wales PSED Codes depends
on devolved administrations
• Consultation on Code for Further and Higher Education in
Great Britain and Codes for Schools in England & Wales, and
Schools in Scotland –in 2011
• Codes for Housing and Premises, and for Transport – in
2011/2012
EHRC’s Non-statutory guidance
• The non-statutory guidance is intended for a wider public
audience, and is being made available in web and hard copy,
accessible versions, and in Welsh translation
• Tranche 1 – published in July 2010
– 2 guides for Employers, and for Employees
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2 guides for Service Providers, and for Service Users
1 guide for ‘What’s New’ in the Act
• Tranche 2 - for publication before January 2011
– Guides for Public Sector Duty and Procurement
• Previous guidance to be updated for age protection by January
2012
Enforcement powers (Equality
Act 2006)
• Judicial review in Commission’s name
• Formal inquiries, binding agreements, investigations and
assessments – disclosure powers (Equality Act 2006
Schedule 2), can lead to further legal action, compliance
notice, unlawful act notices and action plans
• Interventions
• Apply to county court for an injunction to restrain unlawful
acts e.g. Pre- employment disability and health
questionnaires
How we’ve used powers so far
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Individual cases
Interventions
Judicial reviews
Formal Inquiries – Human Rights, Race and
Construction, Finance Sector and Gender Equality,
Meat Processing industry (migrant workers)
• Injunctions to prevent unlawful acts – BNP
• Investigations and Assessments - disclosure
powers apply
Equality Act Litigation strategy
The Commission will consider using its litigation
powers where the case:
– Would address significant disadvantage in
relation to the characteristics protected by the
EA 2010 or human rights
– Would have a positive public impact, securing
greater understanding of rights and obligations
– Would contribute substantially to other areas of
the Commission’s work
– Is cost effective
Equality Act litigation strategy
We may seek to test law on areas such as:
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Association and perception
Positive action
Pre-employment disability and health enquiries
Equal pay - hypothetical comparators, material factor
defence, pay protection; protected pay disclosures
If you think you have a good case to test these
or other points please contact the Commission
The Equality Act 2010
John Wadham
Group Director Legal
Equality and Human Rights Commission
Institute of Employment Rights Conference
8 December 2010