The Equality Bill - April 2009

"The Equality Bill published on 27 April 2009 will, when implemented, help to provide clarity and consistency to what has become an unnecessarily complicated area of law. Whilst the Bill does contain some new proposals, for the most part it harmonises and clarifies existing legislation and the key concepts are expressed in a more user friendly way.  In these difficult economic times businesses are naturally wary of the introduction of more new employment laws, but an inclusive organisation that treats individuals on merit rather than stereotypical assumptions is one that will be in a strong position when the recovery starts and in the meantime the use of flexible working practices can help eliminate or minimise the need for redundancies."
Jane Byford, Head of Employment & Pensions, Martineau, Acting Chair of UKCAE

Building Inclusive Organisations: key events in the first quarter of 2009

In January 2009 a report was submitted to the Equality and Human Rights Commission, Making practice happen: practitioners’ views on the most effective specific equality duties. The summary findings of this report were that the Public Sector equality duties were a successful lever for change and improvement in services generally - in the words of one respondent, "It’s not about process, but making practice happen".

Also in January 2009 the Equality and Human Rights Commission officially published the outline and terms of reference for its Inquiry into Race and Employment in the Construction Industry. This will be followed in March 2009 by similar terms of reference for an inquiry into sex discrimination in the finance sector.

On 4 February 2009 the Apprenticeships, Skills, Children and Learning Bill was read for the first time in the House of Commons. Amongst other issues, this Bill establishes the right for employees to request time off for study and training.

On 5 March 2009 The European Court of Justice ruled that the United Kingdom is not breaking European Union law for forcing people to retire at the age of 65 provided the requirement is justified by social policy and labour market considerations.

The ruling is a blow for those charities campaigning for the rights of elderly people, which wanted the age limit scrapped and argued that it was a form of discrimination against older people which broke equality legislation.

On 6 April 2009 the current statutory dispute resolution procedures are repealed and the new ACAS Code comes into effect.

Also on 6 April 2009 the rights to request flexible working will be extended to cover employees with parental responsibility of a child aged 16 and under.