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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