The Equality Bill is due to come force in 2010 and brings together more than 100 pieces of legislation passed over the last 40 years. The government has stated that it will be easy to follow and consolidate all existing equalities legislation. With the size of this Bill (205 clauses and 28 Schedules), the pressure on Parliamentary time, and the certainty of a general election by June 2010, there must be some doubt as to whether the Bill will actually reach the statute book.

There are suggestions that MPs and peers will use the Bill to attempt to scrap the default compulsory retirement age of 65. Some proposals currently include: -

Positive action

Employers will be able to choose a candidate for recruitment/promotion from an under-represented group when faced with two equally qualified candidates – but only if the employer does not have a policy of automatically treating those from the under-represented group more favourably

Pay transparency

An employer cannot take action against an employee who discusses their pay with colleagues where that discussion is with a view to finding out if pay differences exist on discriminatory grounds. Any such action would be unlawful victimisation.

Carers

It is currently unlawful to discriminate against or harass someone because they are ‘linked to’ or ‘associated with’ a person who is of another sexual orientation, race, or religion or belief. The Bill will extend this to age, disability, sex, or gender reassignment (e.g. an employer could not refuse to promote a member of staff just because he or she cares for an older relative or a disabled person)

Harassment

The definition of harassment will be widened so that it catches conduct ‘related to’ a protected characteristic. There will therefore be no need for a particular person’s characteristic to be the reason for the unwanted conduct in order to trigger liability. Protection from harassment will be further extended so that an employer can be held liable for harassment by a third party (such as a customer or contractor) if harassment has occurred on at least two earlier occasions.

Employment Tribunals

Employment Tribunals’ powers will be widened to make recommendations in cases where unlawful discrimination has been proved which will apply across the whole workplace such as introducing an equal opportunities policy, re-training staff or publicising selection criteria

The bill proposes to legalise positive action to improve the employment opportunities of groups that traditionally experience discrimination. Ministers have been at pains to spell out that positive action is not the same as positive discrimination, and that employers will be encouraged to employ, for example, a woman, or a disabled person, where they are otherwise the equal of a man or a non-disabled person.
The government is concerned that despite 40 years of legislative action to eliminate discrimination, disabled people are still twice as likely to be unemployment as non-disabled people, and unemployment in ethnic minority communities is 20% higher than in the population as a whole. It also says that around 20% of older people find it impossible to purchase affordable car and travel insurance.
Another move would ban pay secrecy clauses in employment contracts which prohibit staff from talking to colleagues about what they are paid.
The bill’s opponents claim that it will impose an unwanted burden on business at a time when many organisations are struggling for economic survival, but the minister responsible, Harriet Harman, has defended it saying there is evidence that companies which have taken equality seriously are faring better in the recession.
We will keep you updated via our blog and newsletter regarding the progress of the bill.