Employment Law Update (July 2009)

Progress towards Equality

Among the new legislation still proceeding through Parliament is the Equality Bill, which is likely to come into force during 2010 – 2011.

Why do I need to know about the Equality Bill?

The Equality Bill aims to streamline existing anti-discrimination legislation, but for the first time in the UK it includes measures aimed at achieving equality of outcome (rather than just outlawing discrimination). This will have its biggest impact in the workplace.

Alongside headline-grabbing measures such as compulsory pay audits for employers of 250 people or more, perhaps the biggest impact of the Equality Act, when passed, will be something that is not set out in detail in the Bill at all – the introduction of the ability for government to set criteria by which public sector bodies can award contracts. This means that one of the principal means of achieving "equality" will be by Government directions on public procurement.

On the plus side, businesses which already do business with the public sector will know the hurdles they have to jump to get their tender considered, and that what suits one public sector body will not necessarily suit another. It is hoped that central guidance from government will result in a more consistent approach by different public bodies.

What can I do now?

Mentor will provide further help and guidance as the details of the Equality Bill are finalised and become clearer. In the meantime, you should bear in mind the following advice:

• The Equality Bill will become law, although the timescale is still unclear and details may be changed as it proceeds through the House of Lords;
• It is in the interests of your business to have Equal Opportunities policies in place, and to operate them in practice. Recruitment and selection for promotion are key areas;
• Contact your Employment Law Consultant if you need help or advice.