Framework for a Fairer Future - the New

Legislative Landscape - CILIPS

17 November 2009

John X Kelly

www.jisclegal.ac.uk

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On the 24th April 2009 the ‘Equality Bill’ was introduced in the House of

Commons and was published on April 27th with a view to achieving

Royal Assent in the spring 2010 with the majority of its provisions taking effect in October next year (2010).

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Strengthen equality law by:

• Socio-economic duty• New Equality Duty• Public procurement *• Age discrimination• Gender pay *• Positive action *

• Employment tribunals• Carers from

discrimination• Breastfeeding mothers• Private members’ clubs• Disabled people

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Socio-economic duty

The duty is designed to affect how public bodies make strategic decisions about

–SPENDING and

–SERVICE DELIVERY.

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New Equality Duty

Public bodies are already required by law to treat these people fairly and equally:

–people of different races

–men and women

–disabled people

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NEW duty will now apply to:

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• people of different ages

• gay, lesbian and bisexual people

• transsexual people

• people of different religions or belief

• pregnant women

• mothers who have just had a baby

Legislation Fatigue

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Consolidation and Codification

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Aspiration → Action

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Social class

•class trumps ability –

•class trumps gender when it comes to life expectancy –

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Organisations

• as Employers

• as Service Providers

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What does this mean in practice?

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Discrimination

is treating someone worse because:• they are a woman or a man• they are married or a civil partner• they are transsexual• they have a disability• they are straight, gay, lesbian or bisexual• they are pregnant or have just had a baby• of their age• of their race• of their religion or belief

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Equal Pay?

• The Bill will ban pay secrecy or ‘gagging’ clauses which stop employees discussing their pay with their colleagues.

• The Bill will contain a power to require reporting on the gender pay gap by employers with 250 or more employees.

• The Bill includes powers for Ministers to require public authorities to report on equality issues.

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Positive Discrimination?

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Public Procurement

• Using purchasing power to promote and improve equality

• Encouraging suppliers to promote equality in their own workforces allows public service delivery to benefit from diverse skills and talents.

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Ryanair ?

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Summary Scottish PAs

• brings in equality reports

• procurement is to drive equality

• bans age discrimination

• new Equality Duty

• positive action in the workplace

• positive action in service delivery

Further Information

• The Government Equalities Office (GEO) department responsible for equalities legislation and policy in the UK.

http://www.equalities.gov.uk/equality_bill.aspx

• The Office of Government Commerce (OGC) http://www.ogc.gov.uk/procurement.asp

• http://www.parliament.uk/

• Equality and Human Rights Commission http://www.equalityhumanrights.com/legislative-framework/equality-bill/

• JISC Legal - http://www.jisclegal.ac.uk/

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