Transcript Equality Bill Challenges - The Institute of Employment Rights

Equality Bill Challenges
Public & Commercial Services Union
160 Falcon Road
London
SW11 2LN
Lorna Campbell
National Equality Officer
[email protected]
Equality Bill
Understanding Duties
& Rights
Training
Full Time Officers
Equality Reps
Control Group
Civil Service & Non
Departmental Public
Bodies
Negotiating Policies
Cabinet Office
Influencing Outcomes
Parliamentary Group
Public & Commercial
Services Union
Equality & Human Rights Commission
Parliamentary Group
Campaigns
Commercial Sector
Enforcement
Seeking legislative
Improvements
Public & Commercial Services Union
Largest civil service union
Membership 290,000 +
Represents
Civil & public servants across Whitehall
Equality & Human Rights Commission
Government & Equalities Office
Cabinet Office
Government Inspectorates
Audit Office
ONS
Private Sector
Information Technology, Banking & Finance, Security, Hygiene
Equality Bill – PCS Focus
• Employment duties
• Registered protest to limit data collection of
employment statistics to just numbers in post
• Firm link between how employer treats
employees and the way services are delivered
Challenges (1)
Enforcement
 General duty
 Eliminate unlawful discrimination
 Promote equality of opportunity
 Promote positive relations between different social
groups
 Judicial review
 Individuals (ET applications)
 Organizations
Challenges: Enforcement (2)
 Specific duties
 Equality & Human Rights
 Monitoring
 Objectives/Equality Plans
Equality Bill Challenges (3)
EHRC Limitations
 EHRC functions

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

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Advice
Training
Produce codes of practice
Intervene in legal cases
Mount investigations
Mount legal action
 Run up to merger
 Less legal challenges and
 Investigations
 Pattern has continued
Enforcement: Challenges (3)ERCH Capacity
 1000s of public sector organizations
 Primary enforcement duties left up to EHRC
 Reduced staff
 Loss of expertise
 Constant state of turmoil
Attitudes Legal Challenge - PCS
Experience
 PCS v DBERR
 CRE , DRC, EOC merger
 CRE produced closing reports
 15 government departments (including HMRC and DWP) found
breaching legislation
 Sanction imposed
 Improvement notices
 HMRC issued new race equality scheme 2009 – still faulty.
 No information as to grievances, complaints
 Bill and explanatory notes
 Free from harassment
:
Significant & Successful Legal Challenge
 Southall Black Sisters
 Equality impact assessment
 Policy development process
 Conducted in advance of decision to
 Introduce
 Implement policy
 Supported by EHRC
Challenges (4)
 Understanding rights
 Extension to other equality strands
 Existing – race, disability gender
 New areas: sexual orientation, religion/belief,
gender reassignment, pregnancy, age
 Competing rights
 Socio-economic duty
 Use to improve the socio –economic status of
identified groups
 Procurement
Equality Bill Challenges (5): Extension to
Private Sector – Gender Pay Gap
 Workplace number 250+
 Pay reporting
 Siemans
 Fujitsu
 PCS already started to speak to private sector about
monitoring ethnicity data
 Building block approach
 Build experience
 Good practice
 Framework to extend to private sector
Meeting Challenges: Strategy
Partnership
Training
Workshops
Monitor/Report
Procedure
EHRC
Inspectorates
Negotiators
Equality Officers
Cabinet Office
GEO
Meeting Challenges: (1)
Monitoring
 Essential equality tool
 Baseline information
 Evidence based
 Proper targeted responses
 Map progress
 Identify Challenges
Meeting Challenges (2) : Equality Impact
Assessments
 New tool available to
 Trainers
 Policy makers
 Negotiators/trade unions
Meeting Challenges (1):Strategic Approach
 Training
 Full Time Officers
 Lay Negotiators
 Equality Reps
 Set objectives
 Monitoring statistics
 Report back quarterly to Equality Department
 Successes
 Challenges
Meeting Challenges (2): Reporting
Procedure
 Establish regular 4 way meeting with
 EHRC
 Inspectorate
 Cabinet Office
 Unions
 Highlight areas of concern/way forward
 Consistency
 Protocol
Meeting Challenges Campaign(3)/Action
 PQs
 Formal complaints  Diversity Champions
 EHRC
 Cabinet Office
 Inspectorates
Meeting Challenges (4):Formal
Action/Complaint
 Judicial Review
 3 month time limit from action complained of
 Expensive
 Inadequate
Future Action
 Review adequacy of legislation
 Seek improvements
 Enforcement provisions poor
 May lead to action against EHRC
 Look to Europe to see if there is a chance to
 Equality law
 Enforceable & effective
 Penalties: persuasive