Trade unions and the equalities agenda Mark Bell School of Law

after 40 years of equality law … Women earn 22.6% less per hour than men Ethnic minorities are 13% less likely to find work than white British The employment rate of Pakistani/Bangladeshi women is 30% lower than average For low qualified British men with disabilities the chances of working halved, from 77% to 38%, from the 1970s to the 2000s. Lesbian, gay & bisexual people are twice as likely to report discrimination as heterosexuals. Sources: Government Equalities Office, ‘A fairer future – the Equality Bill and other action to make equality a reality’ (London, Government Equalities Office 2009); The Equalities Review, ‘Fairness and freedom: the final report of the Equalities Review’ (2007); Equality & Human Rights Commission, ‘How fair is Britain?’ (2010):

Recent developments Equality Act 2010 –modernisation and harmonisation of the legislation –(some) new measures to promote equality –reforms to the public sector equality duties

The Government’s ‘Equality Strategy’ –‘a new approach to equalities, moving away from the identity politics of the past and to an approach recognising people’s individuality’ (p.6) –‘this strategy … moves away from treating people as groups or “equality strands”’ (p.8) –Public sector duty to reduce socio-economic inequalities abandoned

Challenges for trade unions 1. Implementation of equality legislation Raising awareness and monitoring how new protections operate: eg s.60: pre-employment health enquiries s.159: positive action in recruitment & promotion s.14: combined discrimination: not in force, still under review Need to monitor the impact of removing the default retirement age

2. The new public sector equality duty Covers age, disability, gender reassignment, pregnancy & maternity, race, religion or belief, sex, sexual orientation More detail in the general duty (s.149), but the specific duties have been heavily diluted Enters into force 6 April 2011 Public authorities must define ‘equality objectives’ by 6 April 2012

3. Gender pay gap Government has rejected mandatory gender pay reporting (for now) Specific duty on public authorities to have equality objectives on gender pay gaps (& to consult trade unions) disappears in new public sector equality duty Consultation due on gender pay inequalities

4. Reconciling work and family life 2011: new provisions on ‘sharing’ parental leave Government plans to extend the right to request flexible working to all –an opportunity to strengthen the content of the right?

5. Linking the equalities agenda with wider changes to employment law Enforcement of the Regulations on part- time, fixed-term and agency work Proposals to extend the length of service requirement for protection from unfair dismissal to 2 years