The Commission will use the first two age discrimination cases to be heard by the UK’s Supreme Court today (17 January 2012) to argue that an exception to the law banning age discrimination in employment is in urgent need of clarification.

Both cases seek clarity from the UK’s highest court on the interpretation of the rule that allows employers to justify age discrimination if they can prove it is a 'proportionate means of achieving a legitimate aim'.

Default retirement age was scrapped in April 2011, however, an employer can still force an employee to retire using if it can show that the policy is justifiable as a 'proportionate means of achieving a legitimate aim'. For this reason, the Supreme Court’s clarification of the test has wide implications for all retirement situations.

The Commission is funding and running the direct discrimination case of Mr Seldon against the law firm where he was a senior partner - Clarkson, Wright and Jakes. He was forced to retire in 2006 because he turned 65.

The regulator is also funding the indirect discrimination case of Mr Homer against Yorkshire Police Constabulary where he was a senior legal advisor. He could not get the highest pay grade, after his employer’s rules changed, because he did not have a degree nor could he complete one before his retirement.

John Wadham, Group Legal Director at the Equality and Human Rights Commission’s said:

'Forced retirement ages have been abolished, but now lawyers and employers need to understand when age discrimination is 'justifiable' in terms of the law.

'People should be measured on what they can contribute in the workplace: age-related stereotypes about what people can or cannot do should not be a factor. It would not be tolerated if it was applied to any other form of discrimination.'

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Direct age discrimination: treating someone less favourably because of their actual or perceived age, or because of the age of someone with whom they associate. The law permits justification of treatment only if it is a “proportionate means of achieving a legitimate aim”.

Indirect age discrimination: putting in place a rule or policy or way of doing things that has a worse impact on because of someone’s age, when this cannot be objectively justified.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

"We welcome the new Metropolitan Police Commissioner's statement. We are pleased the force intends to change its practices, so that fewer people are stopped without good reason – breaching their human rights. We will continue to work with the Met Police to make sure it deals with all the issues we've raised about its use of stop and search, and will check that these changes lead to a reduction in the disproportionate stopping and searching of ethnic minorities."

Ends

Notes to editors

History

• May 2010:EHRC warns Met Police over its disproportional use of Police and Criminal Evidence Act (PACE) stop and search. It embarks on the National Police Improvement Agency’s ‘Next Steps’ programme, designed to help overcome any potential discriminatory stop and search actions.
• Nov 2010: EHRC says it still has concerns about the Met Police’s use of PACE stop and search and will monitor the situation.
• 25 Oct 2011 : EHRC wrote to the Met Police requesting data on their use of s.60 stop and search for the past four years.
• 13 Dec 2011: EHRC wrote to the Met Police threatening legal action if it did not discontinue the unlawful use of s.60.
• 23 Jan 2012: Deadline for the Met Police response to both the Freedom of Information request and its response to legal action.

Men’s full-time median hourly earnings grew by 0.8 per cent to £13.11, up from £13.00 in 2010, while women’s hourly earnings were £11.91, a 1.9 per cent increase compared with £11.69. The full time gender pay gap has therefore decreased by one percentage point to 9.1 per cent from 10.1 per cent.

Kay Carberry, a Commissioner for the Equality and Human Rights Commission, said: 'Forty years after the introduction of the Equal Pay Act, today’s figures are a step in the right direction. But we can’t be complacent – as the gap is still there.

'One way to help narrow it would be by removing the secrecy surrounding equal pay. It will help if employers take up the government’s guidance on measuring and reporting their gender pay gap.'

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Find out more about the Equality Act 2010 and equal pay: http://www.equalityhumanrights.com/equalpay 

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The final report of the Commission’s inquiry, 'Close to home: older people and human rights in home care', says hundreds of thousands [1] of older people lack protection under the Human Rights Act and calls for this legal loophole to be closed. It questions commissioning practices that focus on a rigid list of tasks, rather than what older people actually want, and that give more weight to cost than to an acceptable quality of care.

Around half of the older people, friends and family members who gave evidence to the inquiry expressed real satisfaction with their home care. They most valued having a small number of familiar and reliable staff who took the time to talk to them and complied with their requests to do specific tasks. Home care workers said their job satisfaction came from improving the quality of older people’s lives.

But the inquiry also revealed many examples of older people’s human rights being breached, including physical or financial abuse, disregarding their privacy and dignity, failing to support them with eating or drinking, treating them as if they were invisible, and paying little attention to what they want. Some were surprised that they had any choice at all as they thought they had little say in how their care was arranged.

For example, evidence given to the Commission included a woman being left stuck on the toilet in her bathroom, as the care worker said she was too busy completing the list of care tasks to help her; and people with dementia not being prompted to eat or their food ‘hidden’ in the fridge, so they go hungry; and a woman who asked for help with her washing up and to be assisted to walk out into her garden but was given help washing herself instead.

Ways for older people to complain about their home care are either insufficient or not working effectively. Reasons for their reluctance to make a complaint about their treatment included not wanting to get their care workers into trouble, fearing repercussions such as a worse standard of care or no care at all and preferring to make do rather than make a fuss.

The inquiry reveals the pervasive social isolation and loneliness experienced by many older people confined to their homes who lack support to get out and take part in community life. Yet evidence from the home care industry indicates that social activities are some of the first support services to be withdrawn when local authorities cut back their spending on care services.

Alarmingly, one in three local authorities had already cut back on home care spending and a further one in five planned to do so within the next year.

The low rates that some local authorities pay for home care raises serious concerns about the pay and conditions of workers, including payment of the minimum wage. The low pay and status of care workers does not match the level of responsibility or the skills they need to provide quality home care. A high turnover of staff as a result of these factors has a negative impact on the quality of care given to older people.

The inquiry found age discrimination was a significant barrier to older people getting home care. It found that people over the age of 65 are getting less money towards their care than younger people with similar care needs, and are offered a more limited range of services in comparison. It also found that local authority phone contact lines can screen out older people needing home care without passing them on for a full assessment – which is unlawful.

Very few local authority contracts for home care specify that the provider must comply with the Human Rights Act. This undermines the quality of care that older people are getting. The evidence given to the inquiry indicates that where human rights are embedded into the way home care is provided – from commissioning to service delivery – high quality care is delivered without necessarily increasing costs.

In response to the findings of its inquiry, the Commission says that legislation and regulation needs to be updated to reflect huge shifts in how care is provided [2]. Its recommendations from the inquiry fall under three broad categories: -

• Proper protection: Closing the loophole in the Human Rights Act which would give protection to the growing number of older people receiving home care from private and voluntary sector agencies. The law was changed in this way in 2008 to protect residents of care homes who are funded by the state.
• Effective monitoring: The government, Care Quality Commission and local authorities need to work together better to build human rights into home care and make sure that abuses are detected faster and dealt with more effectively.
• Clear guidance: Clear and robust guidance on human rights is needed for councils so they can use the opportunities they have to promote and protect older people's human rights in commissioning; older people also need guidance to help them make choices about care and to explain how their human rights should be protected.

Sally Greengross, Commissioner for the Equality and Human Rights Commission, said:

'It is essential that care services respect people's basic human rights. This is not about burdensome red tape, it is about protecting people from the kind of dehumanising treatment we have uncovered. The emphasis is on saving pennies rather than providing a service which will meet the very real needs of our grandparents, our parents, and eventually all of us.

'This inquiry proposes some steps that would make sure human rights are protected in future – including changes to the law so that, at a minimum, all people getting publically funded home care are protected by the Human Rights Act. Currently this is not the case.

'Most of us will want to carry on living in our own homes in later life, even if we need help to do so. When implemented, the recommendations from this inquiry will provide secure foundations for a home care system that will let us do so safely, with dignity and independence.'

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

[1] An estimated one in five (20 per cent) of older people living at home receive care services. In 2009-10 about 453,000 people received home care through their local authority, excluding those in receipt of direct payments.

[2] Since the Human Rights Act came into force in 2000, the home care industry has changed from having 56 per cent of care delivered by the private and voluntary sector to 84 per cent.

Human rights in home care inquiry
The Commission’s inquiry into the protection and promotion of human rights of older people in England who require or receive home-based care and support was launched in November 2010. The findings and recommendations have been drawn from a broad evidence base gathered from 1,254 individuals, local authorities, care providers and other organisations across England.

A copy of the report 'Close to home: older people and human rights in home care' and an executive summary can be found on this website at: www.equalityhumanrights.com/homecareinquiry

Human rights law in home care
The Human Rights Act states that public authorities must comply with the European Convention on Human Rights when they are carrying out their powers and duties. Centrally important for home care is the cluster of rights protected by Article 8 of the European Convention on Human Rights, which guarantees respect for dignity and personal autonomy, family life and social relationships. Other important rights include the prohibition on inhuman or degrading treatment (Article 3); and the right to life (Article 2).

Bare compliance with the Human Rights Act is not enough; public authorities also have ‘positive obligations’ to promote and protect human rights, meaning that they should take active steps to promote and protect human rights when they are carrying out their powers and duties. These positive human rights obligations are particularly important when local authorities are commissioning services from private and third sector organisations.

As a result of court decisions, the legal safety net provided by the Human Rights Act does not extend to older people receiving home care from private and voluntary sector agencies. This legal loophole, combined with the shift away from local authorities delivering care themselves to commissioning it from external providers, means that the majority of older people using home care services have no direct human rights protection.

Equality and Human Rights Commission
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
 

The Commission says that this domestic human rights legislation has allowed many people to exercise their basic rights without the time and expense of taking a case to the European Court of Human Rights.

The Commission says the mechanisms of the Human Rights Act are essential for the protection of human rights in the United Kingdom. It also argues that the law is well crafted to balance Britain's international obligations with its constitutional conventions. In particular, the Act preserves parliamentary sovereignty and the role of British judges in interpreting the legislation.

John Wadham, Group Director of Legal, said:
‘We welcome the opportunity to contribute to the debate on a possible UK Bill of Rights. Our position is that if any Bill of Rights were developed it should only build on the rights and mechanisms contained in the Human Rights Act.'

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For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

The Equality and Human Rights Commission

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission on a Bill of Rights

The Equality and Human Rights Commission has responded to the Commission on a Bill of Rights which has been asked by the Government to explore the case for a new British Bill of Rights.

The Commission on a Bill of Rights is independent of Government and was established on 18 March 2011.

The Commission on a Bill of Rights has the following terms of reference:

• It will investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extend our liberties.
• It will examine the operation and implementation of these obligations, and consider ways to promote a better understanding of the true scope of these obligations and liberties.
• It should provide interim advice to the Government on the ongoing Interlaken process to reform the Strasbourg court ahead of and following the UK’s Chairmanship of the Council of Europe.
• It should consult, including with the public, judiciary and devolved administrations and legislatures, and aim to report no later than by the end of 2012.

The regulator found that some police forces, local councils and social landlords did not always recognise their role in preventing such incidents. It says that the evidence is a stark reminder to all public authorities of their duty to have due regard to the need to eliminate unlawful harassment, advance equality and foster good relations.

While the number of hate crimes recorded by the police service in England and Wales has fallen to 47,229 in 2010 from 50,868 in 2009^₁, the Commission believes that there is still significant under reporting of some types of targeted violence such as disability related harassment.

The Commission’s analysis of British Crime Survey data from 2007-2010 shows that the victim believed that the incident was racially motivated in 15 per cent of incidents reported by Asian / Asian British people and 10 per cent of incidents reported by Black / Black British people; or motivated by homophobia in 12 per cent of the incidents reported by lesbian, gay or bisexual people.

A higher proportion of lesbian, gay or bisexual people had reported being the victim of a crime than heterosexual people. Eleven per cent of lesbian, gay or bisexual people who had reported a crime had experienced threats of violence compared to four per cent of heterosexual people.

Additional research into action on targeted violence shows a mixed picture of what more than 200 public authorities are doing to address this problem. Most (95 per cent) respondents acknowledge they need to help people report targeted violence. Yet nearly a fifth (18 per cent) did not recognise their role in preventing such incidents and nearly half (44 per cent) did not think they had a role to play in working with perpetrators of targeted violence.

Mark Hammond, Chief Executive of the Equality and Human Rights Commission, said:

“Based on this evidence, we have made a number of recommendations to public authorities so that they can improve the way they tackle targeted violence. We’ve also highlighted the successful approaches have been shown to help turn good intentions into positive outcomes for the victims of targeted violence.”

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For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

¹True Vision website, ACPO hate crime data for 2010. 20 October 2011

View the Commission’s two research reports

• Public authority commitment and action to eliminate targeted harassment and violence, Neil Chakraborti et al
• Equality groups' perceptions and experience of crime, Sue Botcherby et al

The Equality Act 2010 includes a new Public Sector Equality Duty (“the duty” or PSED). It builds on the existing Public Sector Duties for disability, gender, and race established in legislation which is being replaced by new provisions the Equality Act 2010. The new duty will cover all the protected grounds: age, disability, gender, gender reassignment, pregnancy and maternity, race, religion or belief and sexual orientation. The duty is twofold: there is a general duty in the Act which is underpinned by specific duties in Regulations that aim to help public authorities meet the general duty. The general duty requires public authorities to have due regard to the need to:

• Eliminate discrimination and other conduct prohibited by the Equality Act 2010
• Advance equality of opportunity
• Foster good relations.

The general duty will apply in England, Scotland and Wales and there will be different specific duties in all three nations to take into account devolved matters.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

 

It enables CQC inspectors to clearly link effective equality and human rights compliance with high-quality, safe services and sets out exactly what they have to look for when monitoring a care provider against standards. Inspectors will also know what to do if they suspect a human rights violation or find a breach in standards.

The new guidance comes as the EHRC enters the final phase of its Inquiry into the experiences of older people receiving care at home, and in particular the legal obligation of care providers, local authorities, the CQC and central government to protect the human rights of customers.

Interim findings from the Inquiry revealed that human rights were not being observed in the delivery of home care. The Commission believes this demonstrates the importance of the new guidance, which captures the equality and human rights dimensions of the essential standards that the CQC applies to its monitoring work.

The guidance has been subject to a 12-week consultation to ensure the views of users of health and adult social care services, CQC staff, carers and providers were all taken into consideration. In total 70 responses were received. The draft guidance has further been piloted across the country in eight CQC reviews.

Baroness Sally Greengross, Commissioner with the Equality and Human Rights Commission said: “CQC inspectors will now be trained to look for any breaches in equality and human rights law and know what action to take if they find any. This was not previously the case and will provide for more robust future monitoring. It should also make care providers more vigilant.

“The interim finding from our Home Care Inquiry found human rights were not being respected in the delivery of care and this guidance will help address such disturbing findings.”

The guidance is also driving forward the Parliamentary Health Service Ombudsman’s recommendation that health and social care organisations need to do more to meet their statutory and regulatory requirements. As part of this the Commission has a Memorandum of Understanding with the CQC relating to equality and human rights.

View the guidance and supporting documents

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

'The Commission supported the case of Jane Cordell because we know how important it is that reasonable adjustments are provided to allow disabled people to participate fully in the workforce and realise their potential.

'As the Commission’s 2010 report 'How Fair is Britain' showed, disabled people face barriers in the workplace that others don’t. For example, only around 50% of disabled people are employed compared to 79% of non-disabled adults.

'I am concerned that the outcome of this appeal sends the message that disabled people should not expect to get to the top of their profession, if they have significant support needs. I call upon the government and employers to develop new and creative ways of delivering support for disabled people, so that everyone in employment can maximise their contribution to both their employer and society.

'Later this year the Commission will launch the next phase of our Working Better programme, which will show employers how to design new ways of working and use flexible working practices to open up better opportunities for disabled people.'

Ends

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For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Jane Cordell is profoundly deaf and required a full time lip speaker as support for the political work she did at the foreign office overseas. She has been employed by the FCO since 2001.  Between 2006 and January 2010 she was a First Secretary at the British Embassy in Warsaw.  She was provided with a full time lip speaker to enable her to fulfil this role.
She applied for and was offered the post of Deputy Head of Mission in Kazakhstan.  The offer was conditional on an assessment of reasonable adjustments in accordance with the FCO’s reasonable adjustments policy which had been changed while Jane was working in Warsaw.  It now required special consideration of any adjustments over £10,000.
The FCO assessed the adjustments at £695,000 for a two year posting and £990,000 for three years.  The FCO did not consult any support workers when making this assessment.

Jane had made her own assessment of her adjustment needs and calculated that they would cost between £100,000 to £200,000 per year.  She consulted support workers when making this assessment.

The post was subsequently offered to the second place candidate due to the costs involved.  The FCO also argued that continuity of support could not be guaranteed in Kazakhstan.    

Jane brought a claim of discrimination based on disability against the FCO.  This claim was dismissed as was her appeal.

The Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission has launched a new, free training and education resource, Equal Rights, Equal Respect, aimed at Key Stage 3 teachers of all subjects to help teach equality and human rights in schools.

The online toolkit includes three videos to use in the classroom exploring the consequences of discriminatory behaviour around race, disability and gender, 12 lesson plans and supporting materials, and interactive student activities. The resources also examine discrimination around age, gender reassignment, marriage/civil partnership, religion or belief, pregnancy and maternity and sexual orientation.

The resources and multimedia will bring topics such as empathy, diversity, equality law and human rights into the classroom. Lesson plans support Citizenship and other subjects across the curriculum, and can be adapted to meet varying needs and abilities.

Evidence gathered by the Commission for its Human Rights Inquiry suggests that schools teaching equality and human rights topics in schools reported significant reductions in bullying and more positive and tolerant attitudes toward peers.

Visitors to the Equal Rights, Equal Respect webpage are further invited to register to take part in a free, live online training session for teachers, presented by experts in human rights, equality and citizenship teaching. The webinar takes place on Wednesday 2 November 2011 between 16:30-17.30. Register at: www.equalityhumanrights.com/equalrightsequalrespect.

For more information on the teaching resources contact: education@equalityhumanrights.com.

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For more press information, please contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Kids Connections
Kids Connections is a marketing agency with over 15 years experience in developing youth and education-linked programmes. Understanding the youth and education market is a critical part of their business and they continually consult teachers, parents and young people to keep abreast of current trends, issues and opportunities.
www.kidsconnections.co.uk  

Further information on the organisations involved in producing the three videos:

Company of Angels
Company of Angels is at the forefront of new and experimental theatre for young audiences. For ten years, the company has toured groundbreaking theatre to young people nationally and internationally. The company actively nurtures and supports emerging artists through the Young Angels programmes and the Angels Associates scheme. At the heart of the company’s ethos is an emphasis on the benefits of collaboration between disciplines creating functional similarities to a think-tank. The company works in the broad spectrum of ‘the arts’ producing theatre, media, and experimental work for young audiences. Company of Angels is an Arts Council England National Portfolio Organisation.
www.companyofangels.co.uk  

Islington Community Theatre
Islington Community Theatre (ICT) was established by Ned Glasier in October 2008 as a parent charity to Islington Youth Theatre which was run as an after school club. Since then the company has become one of the UK’s most exciting grassroots theatre companies, a livewire ensemble of professional theatre-makers and young people from one of the UK’s most disadvantaged boroughs. ICT commissions new plays for young people, devises theatre from scratch, they create intergenerational dance pieces, interactive theatre games and obscure theatre happenings and site-specific installations.
www.islingtoncommunitytheatre.com  

Urban Collective™ is an internationally acclaimed social enterprise, founded and developed by UK artist management company Freeport Entertainment, that acts as a catalyst between at-risk youth and the mainstream music industry.
www.urbancollectiveproject.org

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission has submitted that in the cases of Eweida and Chaplin that the Courts may not have given sufficient weight to Article 9(2) of the Convention; and in the cases of Ladele and Mcfarlane that the domestic courts came to the correct conclusions.

The Commission’s submission and the results of the public consultation can be found on its website: 
Legal intervention on religion or belief rights

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For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The Commission is intervening in the following cases to be heard in the European Court of Human Rights:

• Nadia Eweida & Shirley Chaplin against the United Kingdom

(Application numbers 48420/10 and 59842/10)

• Lillian Ladele and Gary McFarlane against the United Kingdom

(Application numbers 51671/10 and 36516/10)

The Commission is intervening in these cases as an expert and independent body and not in support of any of the parties in this litigation. The Commission's role in intervening is to give its expert opinion on the appropriate application of law. This role and expertise has been recognised by the UK Parliament, which gave the Commission a power to intervene in legal proceedings involving equality or human rights by virtue of section 30 of the Equality Act.

The Commission takes a strategic approach when deciding to intervene.  It will generally intervene in cases where it can use its expertise to clarify or challenge an important area of the law.  The cases generally involve serious matters of public policy or general public concern.  The outcome of these cases often has a wide impact as they set precedents to be followed by the lower courts.

The Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals. 

The position at the University, which has 20,000 students and five campuses across Kent and Medway, recognises Mr Hammond’s 25 years of public service in central and local government and his current role at the Commission.

Mr Hammond will also be taking part in the University’s Public Lecture Series. On December 7, he will examine the development of individual rights in Britain, starting from the Magna Carta in 1215, through the Barons’ revolt against King John, to the Human Rights Act of 1998.

Commission Chair Trevor Phillips, said:

'We are very pleased for Mark that he has been offered this role. It will be a great opportunity for students to learn from someone with Mark’s public sector experience; and it is a welcome recognition by an academic institution of the growing importance of these issues in delivering excellent public services.'

University Vice-Chancellor, Professor Robin said:

'Mark has an extraordinary wealth of experience in leading public service organisations and we are delighted he is going to join us. He will be able to provide our students with a real insight into the professional world.'

'We also look forward to his public lecture on the history of human rights in Britain, later this year in Canterbury.'

Mr Hammond said:

'Canterbury Christ Church University has a tremendous record in public administration and government. I hope to be contributing to its work in developing courses and training for the future managers of the public services. I am honoured to be appointed to this role.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The report, “Hidden in Plain Sight”, says that many disabled people have come to accept harassment – including verbal and physical abuse, theft and fraud, sexual harassment and bullying – as inevitable.

The inquiry sets out the serious and systemic failings in the way that public authorities have dealt with disability harassment, including a detailed examination of ten cases of severe abuse, nine of which resulted in the death of the victim. Further evidence indicates that perpetrators rarely face any consequences for their actions, while their victims continue to live in fear of harassment.

The Commission’s investigation into ten cases found that some public bodies were aware of earlier incidents of harassment, but had taken little action to bring it to an end. Evidence hearings held by the Commission with the different services and organisations involved revealed that there was often a failure to share information. In five of the ten cases, no serious case review has been conducted, implying that lessons have not been learnt for the future.

These cases include that of David Askew, a 64-year-old man with learning difficulties, who died of a heart attack after suffering years of harassment at the hands of local youths; Brent Martin, a 23-year-old man who was murdered only three months after leaving a mental health institution; and Michael Gilbert, who was murdered by a family who had abducted him and kept him as a prisoner for several years.

Evidence from disabled people found that they often do not report incidents of harassment, as it may be unclear who to report it to, they may fear the consequences of reporting, or they may fear that the police and other authorities will not believe them. The evidence also revealed that incidents are dealt with in isolation, rather than as a pattern of behaviour, and that there is often a focus on the victim’s behaviour rather than dealing with the perpetrators.

The inquiry found that the true extent of harassment is not recognised by public authorities, despite disabled people saying it is a commonplace experience. The British Crime Survey shows 1.9 million disabled people were the victims of crime in 2009/10, however, these statistics exclude disability-related harassment that is not considered to be criminal behaviour. Disabled people are more likely to be the victim of a crime than people who do not have a disability. According to one online poll, as many as 56 per cent of disabled people have experienced hostility, aggression or violence from a stranger because of their disability.

The inquiry makes recommendations to public authorities on how to address the problems it has uncovered, which the Commission will be consulting on before publishing a manifesto for change in the spring of 2012. The recommendations focus on three key areas:

• Recognition: senior managers need to recognise this as an issue and show leadership; better information on the harassment of disabled people needs to be collected by all agencies; and a more positive attitude towards disabled people needs to be encouraged across society.
• Prevention: agencies must share best practice; staff should be given training and guidance on how to deal with disability-related harassment; research should be done into perpetrators and how to deter them.
• Redress: the criminal justice system must become more accessible and responsive to disabled people; police must routinely consider disability as a motive where a victim is disabled; victims must be better supported and perpetrators brought to justice.

Mike Smith, lead commissioner and disability committee chair, said:

“For me, two particular concerns come out of this inquiry. The first is just how much harassment seems to be going on. It's not just some extreme things happening to a handful of people: it's an awful lot of unpleasant things happening to a great many people. The second is that no one knows about it. When we were young we were told not to stare at disabled people. So no one has been.

It's as though there is collective denial this could be happening, as if people are thinking 'we are supposed to feel sorry for these people, so why would anyone be deliberately horrible to them?' Maybe it just makes us too uncomfortable, thinking that might be the society in which we live.

Dealing with disability-related harassment is going to take concerted effort by a significant number of public authorities, with proper leadership and joint working at all levels. But it won't just be public authorities that have to act differently. It's all of us. I want the person at the bus stop who sees something happening, or the plumber repairing a tap who comes across something untoward, to know that they too should take action.”

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Download: Hidden in plain sight PDF

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.
 

'Many women are still not getting equal pay with men even though they are doing equal or similar work. Pay transparency helps to reduce that gap. We'd like to see more businesses - large and small - using gender pay reporting to check they are not inadvertently paying men and women different wages to do the same job.

'The Government's Voluntary Gender Equality reporting initiative is a step in the right direction. New provisions in the Equality Act 2010 should also encourage more open discussions about pay within the workplace and so reduce unlawful pay discrimination.'
 

'Britain needs a better gender balance in its boardrooms and in politics. Our Sex and Power report revealed that more than 5,400 women are missing from Britain’s 26,000 most powerful posts as they are still being passed over for top jobs. Without positive action it could be another 70 years before there are an equal number of men and women directors of FTSE 100 companies. It is right that Mr Cameron should describe this as "simply not good enough". The British economy is paying the price for this exclusion.'

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Notes to editors

The Equality Act 2010 allows 'positive action' but 'positive discrimination' is unlawful. Find out more about positive action.

The Commission’s Chair, Trevor Phillips, wrote to David Cameron in response to the Prime Minister’s speech about the recent disorder to offer its support to Ministers.

The Commission's Chair has already written to Sir Hugh Orde at the Association of Chief Police Officers (ACPO) to try to ensure that misinterpretation of human rights legislation does not in any way inhibit effective policing and protection of the public.

In the letter to the Prime Minister, Mr Phillips says:

"The perception that law breakers can hide behind the protections of human rights serves no one, in fact it holds back our progress towards a society which respects rights and responsibilities.

"The Commission has begun to set out what steps might be taken to improve conditions, especially for more vulnerable people. Our Home Care Inquiry, for example, which will be published this autumn, will highlight ways in which human rights can help to deliver better protection to older people. And we are accelerating the work we are doing on victims’ rights.

"... Human rights should not be about bureaucratic and unnecessary restraints, or rewards for bad behaviour. Far from helping people to avoid responsibilities, the key principle of human rights is that we all have responsibilities towards each other."

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

• Letter to the David Cameron, Prime Minister (Scanned PDF)
• Letter to David Cameron, Prome Minister (Word)
• Letter to Sir Hugh Orde, president of the Association of Chief Police Officers (Scanned PDF)
• Letter to Sir Hugh Orde, President of the Association of Chief Police Officers (Word)

The Equality and Human Rights Commission has an online resource about human rights to help public sector bodies in England and Wales.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The report, Sex & Power 2011, measures the number of women in positions of power and influence across 27 occupational categories in the public and private sectors. 

The Commission’s report calculates that at the current rate of change it will take around 70 years to reach an equal number of men and women directors of FTSE 100 companies. It also found it could be up to 70 years before there are an equal number of women MPs in parliament – another 14 general elections. 

Worryingly, the results of this year’s report differ very little from those in the previous report of 2008..

Figures from this year’s report reveal that, while women are graduating from university in increasing numbers and achieve better degree results than men, and despite level pegging with men in their twenties, they are not entering management ranks at the same rate, and many remain trapped in the layer below senior management.  

Among this year’s findings were:

In politics women represent:

• 22.2 per cent of MPs (up from 19.3 per cent in 2008)
• 17.4 per cent of Cabinet members (down from 26.1 per cent in 2008)
• 21.9 per cent of members of the House of Lords (up from 19.7 per cent in 2008)
• 13.2 per cent of Local authority council leaders (down from 14.3 per cent in 2008)

In business women represent:

• 12.5 per cent of directors of FTSE 100 companies (up from 11 per cent in 2008)
• 7.8 per cent of directors in FTSE 250 companies (up from 7.2 per cent in 2008)

In media and culture, women represent:

• 9.5 per cent of national newspaper editors (down from 13.6 per cent in 2008)
• 6.7 per cent of chief executives of media companies in the FTSE 350 and the director general of the BBC (down from 10.5 per cent in 2008)
• 26.1 per cent of directors of major museums and art galleries (up from 17.4 per cent in 2008)

In the public and voluntary sector, women represent:

• 12.9 per cent of senior members of the judiciary (up from 9.6 per cent in 2008)
• 22.8 per cent of local authority chief executives (up from 19.5 per cent in 2008)
• 35.5 per cent of head teachers  of secondary schools (down from 36.3 per cent in 2008)
• 14.3 per cent of university vice chancellors (down from 14.4 per cent in 2008)

Studies have shown that outdated working patterns where long hours are the norm, inflexible organisations and the unequal division of domestic responsibilities are major barriers to women’s participation in positions of authority. 

The British economy is paying the price for this exclusion.  It has been suggested that greater diversity on corporate boards would improve business performance and increase levels of corporate social responsibility. 

Commissioner Kay Carberry said:

“The gender balance at the top has not changed much in three years, despite there being more women graduating from university and occupying middle management roles. We had hoped to see an increase in the number of women in positions of power, however this isn’t happening.

“Many women disappear from the paid workforce after they have children, so employers lose their skills. Others become stuck in positions below senior management, leaving many feeling frustrated and unfulfilled.  Consequently, the higher ranks of power in many organisations are still dominated by men.

“If Britain is to stage a strong recovery from its current economic situation, then we have to make sure we’re not wasting women’s skills and talents.”

-Ends-
 

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

[1] This figure is calculated by adding up all the posts held by men and women, halving that figure so that all posts would be shared equally between the two sexes, minus the number of posts held by women.

For a copy of the report go to www.equalityhumanrights.com/sexandpower

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.  It is the independent advocate for equality and human rights in Britain.  It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.  The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act.  It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

“There is no human right to satellite TV. The human right in this example is the right to practise your religion. It is only an illustration of how the law might apply in exceptional circumstances, nor should it be taken out of context.  Only the courts can decide if someone’s human rights have in fact been breached.”

Notes to editors:

The example refers to "standard terms of tenancy" not to planning law.

The Human Rights in Social Housing guidance was produced with expert input from an Advisory Group consisting of social housing providers, representative organisations of social housing providers, central government - - including the Communities and Local Government department and other regulators. It has been well received by the sector.

More details about the guidance can be found at Human rights at home; guidance for social housing providers.

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Chief Executive Mark Hammond said:

'We have reduced our staff numbers since May 2010 and this trend will continue during the next year or so as we aim to have around 200 staff in the future.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

The Parliamentary Question asked by Mr Redwood MP and response given by the Commission to the Home Office was as follows:

Parliamentary Question, 12 July 2011

Question: To ask the Secretary of State for the Home Department, how many people have been (a) recruited and (b) made redundant from (i) her Department and (ii) each non-departmental body for which she is responsible since May 2010.

MP: Mr John Redwood
Party: Con

Equality and Human Rights Commission Answer:
a. One permanent person has been recruited since May 2010
b. Nil

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
 

The resource focuses on nine public sectors areas: adult social care; children's services; health; housing; education services; local government; criminal justice, courts and prisons; policing and immigration and asylum.

It draws together learning materials about the human rights obligations of the public sector and how to successfully implement these. These materials include tried and tested examples of how to consider human rights in public service delivery as well as case studies, informal guidance, inspection standards and impact assessments.

The resource also includes details about supporting the rights of particular groups such as elderly and disabled people. For example it points out with regard to adult social care that public authorities can infringe human rights when they are excessively risk averse as well as when they fail to avoid risk.

Visitors to the site are further invited to fill in a brief survey and make suggestions as to what other types of guidance they would find useful.

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For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

View our human rights: practical guidance.

The guidance summaries have been produced by the Human Rights and Social Justice Research Institute at London Metropolitan University on behalf of the Commission.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission is pleased that the government has indicated that as part of the Red Tape Challenge consultation, it remains strongly committed to equality and does not plan to abolish the Equality Act.

The Commission fully supports the retention of the Equality Act 2010 and all its provisions, as well as the implementation of all the provisions that are yet to come into force (eg age discrimination provisions in relation to goods and services).

When considering the future implementation of the Act or any possible changes to it, the Commission suggests that the government considers the following six principles:

1. The Equality Act successfully simplified, harmonised and modernised equality law in Britain reducing regulation and making equality law easier to understand and apply.

• It replaced nine major pieces of legislation and about 100 other instruments with a single Act which has substantially simplified and consolidated equality law[1];
• it reduced inconsistencies in the levels of protection from discrimination of different groups by harmonising the law where appropriate and therefore made equality law easier to understand and apply;
• it has modernised equality law to provide better protection from discrimination in a number of areas;
• taken together, these changes have reduced the regulatory burden on businesses and removed a lot of red tape already.

2. The Equality Act is proportionate. It strikes the right balance between protecting people from discrimination and promoting equality whilst not imposing unnecessary burdens on businesses.

The Federation of Small Businesses (FSB) does not consider discrimination legislation overly burdensome. The FSB Employment Survey 2006 showed that only 3% of employers or less chose discrimination issues such as equal pay, race discrimination, disability discrimination or sex discrimination as the most burdensome area of legislation. Discrimination law as it currently stands, would therefore appear to be relatively compatible with the wellbeing of small businesses, who seek to be law-abiding and scrupulous employers[2].

An example of the proportionate way in which the Equality Act works is positive action provisions. The law has been simplified in the Equality Act to make it easier to understand whilst at the same time it provides an important tool to reduce disadvantage suffered by particular groups including in employment opportunities. The provisions were supported by the CBI[3] and as the provisions are permissive not mandatory they do not place an unnecessary burden on businesses.

In addition it is relevant to note that the government has already acted to reduce what it may consider to be potential burden on businesses by not implementing several provisions of the Act which were raised by the business community as being burdensome (eg compulsory pay reporting for companies with more than 250 employees and dual discrimination).[4]

3. As the Equality Act is a means of implementing our international equality and human rights obligations, any proposals to repeal or amend any provisions must be subject to stringent consideration to ensure compliance with those obligations.

The Equality Act was described by the Joint Committee on Human Rights (JCHR) as "one of the most significant human rights measures introduced into Parliament in recent years"[5]. The Red Tape Challenge consults on a range of areas concerning regulation such as the retail sector and the sale of alcohol, health and safety and legislation regulating companies. The Equality Act has been grouped together with these other forms of Regulation but in our view it should be viewed through a different lens of human rights protection.

The Equality Act protects people from discrimination, harassment and prejudice in a range of situations including employment, the provision of services and the actions of public authorities. These provisions are a means of protecting peoples' human rights and promoting human rights concepts in society of equality, dignity of the individual, mutual respect and participation in society.

The Equality Act is also a means by which the government implements its international equality and human rights obligations - the EU Equality Directives and key international human rights treaties.[6]

As a result more stringent consideration must be given to any proposals to amend or repeal those provisions. Any proposals to reform or repeal Equality Act provisions must be analysed by the government to determine whether they may or would result in the UK government failing to fully comply with the Equality Directives or the international human rights treaties which it has signed and ratified.

4. The business case for equality law should be an important consideration in considering any proposals to repeal or amend the provisions in the Equality Act.

The business case for diversity and equality measures has been highlighted by a number of reports and studies. For example the European Commission conducted detailed research using two surveys of businesses (with 919 responses in total) across the European Union. It found that diversity and equality measures in businesses had benefits of enhanced employee recruitment and retention from a wider pool of high quality workers, improved corporate image and reputation, greater innovation and enhanced marketing opportunities.[7]

The Commission’s enforcement work has also provides examples of how equality law and good practice can help businesses to improve their performance and customer satisfaction.

For example, we have worked collaboratively with Thistle and Guoman Hotels following complaints by disabled clients. The collaboration includes an extensive action plan under which Thistle are committed to:

• carrying out the physical alterations required following full accessibility audits,
• publishing policies and access statements on the website, training all staff on diversity issues,
• training staff
• amending all diversity policies and practices and
• obtaining full feedback and monitoring by disabled groups and users.

The company has invested considerable financial resources and commitment to ensure compliance because they see significant commercial advantages in their marketplace by being seen to provide exceptional service to all its customers. The adaptations, training and websites provided have benefited all customers increasing occupancy and customer satisfaction establishing a clear business case for this work. Thistle now regards the collaboration with the Commission as a very successful joint working partnership and state: “what started as a seeming financial burden actually turned into one of the best investments we could have made”.

5. The Commission believes that the priority should be effective implementation of the Equality Act and evaluation of its impact. Only when its impact has been evaluated and is clear, should any consideration be given to changing its provisions.

The Commission is working closely with the Government Equalities Office to ensure that the Act is implemented in an effective way. We also have a joint evaluation programme to assess its impact over time. As yet it is far too early to see what that impact has been and there is little evidence yet emerging of new claims.

We will work with the government to ensure that we secure evidence from businesses on the impact of particular provisions on their day to day operations and will be keen to identify areas, based on experience, to reduce (if found) any actual regulatory burden.

To assist with implementation, we have produced guidance for a number of sectors. Our statistics indicate that there have already been more than 1 million views of our Equality Act guidance on our website, and is therefore providing a valuable means for businesses to understand their obligations.

If there are particular sectors that are finding provisions difficult to understand or apply, the focus should be on how the government and the Commission could work with those sectors to improve understanding, rather than at this early stage considering repealing or amending provisions. 

6. The Commission will continue to adopt an approach whereby alternatives to further regulation for the private sector are explored.

These include:

• Procurement: using public sector contracts as a lever for driving private sector change
• Supply chains: encouraging self regulation by businesses through imposing conditions on their suppliers.
• Kitemarks: we are currently in the process of examining the feasibility of a national equality standard.

What is the Red Tape Challenge?

The Red Tape Challenge (RTC) is a government consultation was launched in April 2011 and is expected to run until April 2013. The government has stated that the aim of the Challenge is to reduce the burden of regulation in a range of sectors where over the years the amount of regulation has increased, having an adverse impact on businesses and the economy.

The government has created a website to encourage the public to provide its views on a wide range of regulations affecting different sectors, encouraging open discussion and open government.

The Equality Act is one of the pieces of regulation that the government is consulting the public on as to its affect. In particular the government has stated:

"The Government is determined to take a hard look at anything which imposes bureaucratic burdens. Fairness is important, and it is not the Government’s intention to abolish the Equality Act, but it cannot be exempt from a comprehensive look to check that we are not imposing burdens that are out of proportion to the good they seek to do. We have already agreed that there are some provisions in the Equality Act that will not be commenced. This Red Tape Challenge spotlight gives you the opportunity to look at all provisions in the Equality Act and tell us if they are too bureaucratic and burdensome for the benefit they bring, whether they could be simplified or better implemented, or if you think they should be kept exactly as they are."

The government recently ran a three week "spotlight" on the Equality Act in which it asked for the public's views on all the provisions of the Equality Act, including the role of the Commission in enforcing the Act. The particular questions asked in relation to provisions of the Act were:

• Should we scrap them altogether?
• Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
• Could they be reformed, simplified or merged? How?
• Can we reduce their bureaucracy through better implementation? How?
• Can we make their enforcement less burdensome? How?
• Should they be left as they are?

The government will be reviewing the comments it receives and considering what steps to take.

Footnotes

1. In a recent British Chambers of Commerce (BCC) survey, nearly 50% of micro-businesses said they found navigating employment law difficult. BCC Equality Bill Legislative Brief, November 2009. The CBI also supported the simplification of equality law  during the passage of the Equality Bill, CBI Briefing, 11 May 2009
2. FSB Response to the Discrimination Law Review, 24 September 2007.
3. CBI Briefing 11 May 2009
4. BCC argued that the dual discrimination provisions would unduly burden businesses, BCC Briefing 1 November 2009.
5. JCHR report on the Eq uality Bill, 26th report session 2008-09
6. For example article 26 of the ICCPR states: "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." The Equality Act also is a means of implementing aspects of, for example CERD, CEDAW, CRC, and CRPD
7. The Business case for Diversity: good practices across the workplace, European Commission September 2005.