Conclusions:Where does the Bill leave

us?Employment Law Update:

Institute of Employment Rights

Paola UccellariEquality and Human Rights Commission

EHRC’s remit & role under a new Equality Act

• Equality Act 2006 est. EHRC 1 Oct 2007:

– tripartite mandate to promote & protect equality & human rights & ensure good relations

• Commission welcomes Government’s landmark Equality Bill

EHRC’s 7 Guiding Principles1. The Commission welcomes the Bill2. We seek a Bill which can meet the

challenges of the current period3. We seek equal protection for all protected

groups, save for good reason4. We do not agree with any regression5. We seek a framework which embeds

equality into all aspects of public life6. We wish to ensure that the Bill reflects the

asymmetric nature of disability legislation7. The Commission seeks the customisation

of the Bill, to ensure the law is fair regardless of where people live in Britain

The Government’s Equality Bill

Strengthening and streamlining equality law:

• Harmonising equality law• Protecting against multiple discrimination• Single PSD and improving the use of public procurement• Socioeconomic Duty – due regard to systemic

inequalities• Banning discrimination in Age GFS• Banning ‘gagging clauses’ on pay• Third-party harassment• Extending positive action – tiebreak situations• Strengthening enforcement – wider recommendations

for tribunals in discrimination cases

EHRC prioritieso Outcome focussed dutyo Age:

the NDRA, under 18s, financial services, limits on Ministerial exception-making powers

o Disabilityaccounting for more favourable treatment

o Harassmentextending harassment protection to sexual orientation and religion and belief outside employment

o Gender pay gap measures: hypothetical comparators, tribunals, representative actions

o Constitutional Guarantee and purpose clause