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New Equality Bill Published
The Government's Equality Bill has been published and is expected to come into force in October 2010. The aim of the Bill is to combine all existing legislation on discrimination into a single statute which is expected to contain 205 clauses and 28 Schedules. The main features of the Bill are summarised below although changes and new provisions may yet be introduced.
- Positive action in recruitment/promotion decisions - The Bill will allow employers to positively discriminate during recruitment in favour of disadvantaged groups when choosing between candidates who are otherwise equally qualified. Such decisions will need to be made on a case by case basis, as opposed to having a blanket policy of positive action. This will be problematic for employers who use positive action will be exposed to discrimination claims from unsuccessful candidates who may challenge whether candidates are truly equal, as well as the assessments of under representation and disadvantage.
- Discrimination by association or perception - Discrimination on the grounds that someone is 'perceived' to possess a protected characteristic will become unlawful as will discrimination or harassment of an individual associated with someone who has a disability, or is of a particular age, sex, sexual orientation, racial origin or religion or belief.
- Disability discrimination - The current list of impairments that qualify as disablement (mobility, manual dexterity, physical coordination, continence, speech, hearing or eyesight, ability to lift, carry or otherwise move everyday objects, memory or ability to concentrate, learn or understand and perception of the risk of physical danger. Will be changed to a general requirement that an impairment is long term (12 months or more) and has a substantial effect on a person's ability to carry out normal day-to-day activities.
- Age discrimination by service providers – Who will be prohibited from discriminating against customers, clients and other service users on grounds of age, although there may be some exemptions may be allowed.
- Equal pay and pay transparency - Some clarification of the law is expected in this area and it is expected that the Secretary of State will be able to order private sector employers with at least 250 employees to publish information about differences in pay between their male and female employees at some point after 2010. Clauses in employment contracts that seek to prevent employees from discussing their salaries will be outlawed.
Other areas within the Bill relate to public sector equality duties and the requirement for businesses bidding for public sector contracts to provide evidence their 'diversity credentials' and for employment tribunals to have greater powers to make recommendations in proven unlawful discrimination cases including introducing an equal opportunities policy, re-training staff or publicising selection criteria.