Framework for a Fairer Future

The single bill proposes to replace 116 current elements of equality legislation, which includes 35 Acts, over 50 Statutory Instruments and 16 European Commission directives.

The simplified bill plans to become law by summer 2009 and will apply in England, Scotland and Wales, although certain elements of the proposed bill are not likely to become law until some time after.

Highlighted below are two of the key proposed legislation changes.

Equal Pay
One of the key proposals is to outlaw current 'gagging' clauses employers can insist upon in an employee's contract not to discuss their salary with other employees.
It is hoped that this will increase transparency and help reduce the pay gap between men and women.

Positive discrimination
This element of the bill has made the main news headlines in July 2008. Harriett Harman, Equalities Minister, supports positive discrimination in favour of women and ethnic minorities when two people of equal measure apply for a job. Harriett Harman has dubbed it 'positive action' rather than positive discrimination. She argues that this would help women and the ethnic minority in the workplace, “We will legislate to give more scope for employers, if they want to increase the number of women or black or asian employees – to take positive action.

“This will help the police, for example, who want to make more progress on diversity because they know that they can be most effective when they reflect the ethnicity of the communities they serve.”

There is opposition to the bill though. Mark Littlewood, communications director of think tank Progressive Vision, argues that it could be a recipe for disaster,

“To allow gender or race to act as a tie-breaker in a close contest is offensive and immoral. Many recruitment processes can be close – but dead heats are rare. Rational employers should seek a further round of interviews or take up additional references.

“These proposals will lead to resentment, arbitrary decision-taking and risk, making discrimination in Britain worse not better.”

It is important to remember that employers should not misconstrue the new proposal. The changes are based on a purely voluntary basis only – employers will not be given quotas nor be expected to employ a person based on their background if another person is more suitable for a role.

Attachments:

• FRAMEWORK%20FAIRER%20FUTURE.pdf