PROPOSALS IN the form of a white paper for the Equality Bill for Great Britain were unveiled recently, writes Fergal Dowling, head of employment law at the Birmingham office of national law firm Irwin Mitchell.
Many of the areas covered have been the subject of water-cooler debates in workplaces across England, Scotland and Wales.

The Bill will simplify and unify the current 116 pieces of legislation in a single equality duty.
It is hoped the process will result in the enhancement of protection against discrimination.
The overarching objective of the Equality Bill is to create a fairer environment, where people have the opportunity to succeed, irrespective of race, gender, disability, age, sexual orientation, religion or belief.

The new legislation will require public bodies to consider the diverse needs and requirements of their workforce, and the communities they serve, when developing employment policies and when planning services. It will also make public bodies more transparent; if inequality remains hidden, it is difficult to measure it and make progress.

Tackle discrimination

Employment tribunals will be expected to do more to tackle unlawful discrimination by making recommendations to employers on their working practices which will be of benefit to their wider workforce, not solely the person who made the original claim, who may no longer be with the company.

Positive action measures will be extended, allowing employers to make their organisation or business more representative and reflective of the people they serve.

Public body employers may well be expected to provide documentation - upon request - to underline what steps they have taken in relation to ensuring that their recruitment process complies with the expectations of the Bill.

Age discrimination in the workplace has been illegal since 2006, but the Equality Bill will tackle more widespread forms of age-related prejudice and cover not just the workplace but also the provision of goods and services.

For example, the law would stop insurance companies, refusing life insurance or holiday cover to senior citizens or charging more on the basis of their age.

In addition, medical practitioners will no be allowed to refuse treatment for pensioners on the grounds of their age, rather it will be necessary to evidence clinical reasons for so doing.
Employers may also have to publish salaries to avoid the pitfall of female members of staff receiving a lower amount than their male counterparts.

Employees have sometimes found that their contracts of employment prohibited them from comparing details of their remuneration with colleagues and peers.
This gagging order will be rendered illegal, so allowing for more open discussion of salaries and potential unmasking of those organisations who continue to flout the rules. There will be a transitional period available to allow organisations time to adjust.

Meanwhile, I should not be in the least surprised if there was pressure from groups enthusiastic about this legislation being made applicable to the private sector too.

Fergal dowling can be contacted on 0870 1500 100 or e-mail him at fergal.dowling@irwinmitchell.com