Conclusions: Where does the Bill leave us? Employment Law Update: Institute of Employment Rights Paola Uccellari Equality 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 Principles 1.The Commission welcomes the Bill 2.We seek a Bill which can meet the challenges of the current period 3.We seek equal protection for all protected groups, save for good reason 4.We do not agree with any regression 5.We seek a framework which embeds equality into all aspects of public life 6.We wish to ensure that the Bill reflects the asymmetric nature of disability legislation 7.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 priorities o Outcome focussed duty o Age: the NDRA, under 18s, financial services, limits on Ministerial exception-making powers o Disability accounting for more favourable treatment o Harassment extending 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