In this eNewsletter: 

• Single Equality Bill
• Part 1: Harmonisation and simplification
• Part 2: More effective law
• Part 3: Modernising the law
• Initial reaction
• New Regulations meantime
• Have your say

Jill Bell

Direct Dial:
0131 625 7246

Email:
jill.bell
@andersonstrathern.co.uk

Deborah Solley

Direct Dial:
0131 270 7946

Email:
deborah.solley
@andersonstrathern.co.uk

Where are we?

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Edinburgh EH3 8EY
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Contact information and maps of all Anderson Strathern offices

A Framework for Fairness

Single Equality Bill

Discrimination legislation  now comprises nearly 70 separate pieces of legislation. This piecemeal approach has been further complicated by inconsistent and complicated definitions which the Courts and Tribunals have had to work hard to interpret resulting in more complicated procedures, longer hearings - and yet more case law. 

Recognising the currently unsatisfactory state of equalities legislation and having made a manifesto commitment to address it, the government launched its Discrimination Law Review ("DLR") in February 2005. The DLR was tasked with identifying opportunities for creating a clearer and more streamlined discrimination legislative framework. On the back of this, the Government has just launched its "Framework for Fairness" proposal, a consultation document in 3 parts designed to simplify the law and make it more effective with the ultimate goal of introducing a Single Equality Bill. Before producing a draft Bill however, the Government says it wants to consult widely and is therefore seeking views  in certain key areas.

Part1 : Harmonisation and simplification

This section seeks views on such  matters as whether the government should: 

bring equal pay into a Single Equality Act and extend equal pay provisions to take account of case law

establish a single threshold for the point at which the duty to make reasonable adjustments for disabled people is triggered 

harmonise the way the law treats all public functions and the provision of services across all grounds  

Part 2 : More effective law

In this section the government wants to know if it should, for example:

confine the concept of reasonable adjustments to disability discrimination law only

replace existing public sector duties with a single duty and whether it should be extended to include the other protected grounds and over what timescale

introduce an "equality check tool" for employers   

Part 3 : Modernising the law

In this section, views are sought on the possibility of extending age discrimination beyond the workplace. It also seeks views on whether the government should:

continue to deal with issues for parents and carers through separate provisions rather than through a broad anti-discrimination provision

make it unlawful for clubs with both men and women members to discriminate on grounds of sex

The aim would  therefore seem to be to forge a single, modern legislative framework which is  simpler and fairer. The outcome - we would all hope  - will be a standardised set of definitions, tests and exceptions with a more favourable outcome for affected groups.  

Initial reaction

There has been a mixed reaction from the various Commissions and lobby groups, some saying the proposals have not gone far enough. It is fair to say though that the “Framework for Fairness” document addresses all protected grounds and does so in some detail  - and not just women’s access to golf clubs which is one area in particular that has been picked up by the press so far. 

New Regulations meantime 

Until the Government can introduce a Single Equality Bill however,  it is business as usual.  Directive 2004/113/EC, implementing the principle of equal treatment of men and women in the access to services requires to be implemented by 21 December 2007 and the Government recognises that it will not be able to deal with the obligations imposed under this by way of a Single Equality Bill before that date. It has therefore introduced a further set of draft Regulations which, once finalised, will amend the existing Sex Discrimination Act - if all goes to plan - with effect from the end of the year. 

In particular the Regulations will introduce a prohibition of harassment in the provision of services and extend the existing protection against discrimination on grounds of pregnancy likewise and again, views are sought on the various proposals.

Have your say

The consultation period runs until  4 September 2007 and will be of interest to a wide range of public and private employers and providers of services as well as employees and all those who access services both in the public and private sector. It is open to all and provides an opportunity for all interested parties to be part of the process of bringing in legislation which meets the needs of today's practioners.
 
To access the Framework for Fairness Proposal, please click here.