Single Equalities Bill Brief

Single Equalities Bill Brief

The Single Equalities Bill received Royal Assent on April 8, 2010.  This new Bill is supposed to streamline the law, making equality legislation easier to understand and implement.  With this Equality Bill 116 pieces of previous equality legislation are covered in this single Act.  Under the Act individuals are given the right not to be treated unfairly due to their age, disability, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, religion and belief, sex, or sexual orientation.  A number of different types of discrimination are covered by the Act. 

The Equality and Human Rights Commission (EHRC) support this new Equality Bill.  Trevor Phillips, chair of the Commission, says

         “Simplifying legislation and extending protection to a wide range of groups that face discrimination will help Britain become a fairer society, improve public services, and help business perform well.

“The Commission’s role now is to make sure the legislation works in practice, by explaining what it means, how it should work, and ultimately, using our powers to help right any wrongs.

“We’re already working on Codes and Guidance that set out what the new legislation does for employers, public services and the people of Britain.”  (EHRC website)

Currently the Bill is scheduled to commence in October 2010.  To aid in the implementation of the Bill the EHRC is in the process of drafting a non-statutory guidance in education, employment, services and public functions and associations.  The purpose for the guidance is to ensure individuals understand how to use the law. There will be available two versions of the guidance: one for people relying on the law to protect their rights and the other for those who have responsibilities under that law. 

The guidance will provide all the necessary information for individuals (complainants) wanting to make a claim and for those on the receiving end of that complaint (respondents).  The guidance explains the terminology and procedures need to both file a complaint against an employer, organization, or body and to answer a complaint by an individual. In the guidance there is a complainant’s questionnaire form and respondent’s answer form to help assist in this procedure. 

The non-statutory guidance’s are under review and will be available sometime in July 2010.  The EHRC consulted with the larger public through an online consultation portal from January to April 2010 and through events held throughout the country.  These responses are informing the final draft of the non-statutory guidance and a Codes of Practice.

At GEO according to the Government Equalities Office “the various provisions of the Equality Bill will come into force at different times to allow time for the people and organizations affected by the new laws to prepare for them.”  The Equalities Office has published four Equality Act: guides What do I need to know? summary guides for individuals, public sector organizations, voluntary and community service providers, and businesses who sell goods and services.  All of the guides can be found here or within this folder.

According to the ERHC, currently the scheduled implementation of the Bill’s provisions, alongside the publishing of the corresponding guidance, is as follows:

Employment, Equal pay and Services, public functions and associations

• Comes into force: October 2010
• Guidance published: July 2010
• Draft code of practice laid before Parliament: June 2010.

Education (further and higher education)

• Comes into force: October 2010
• Guidance published: July 2010
• Draft code of practice laid before Parliament: January 2011.

Education (schools)

• Comes into force: October 2010
• Guidance published: July 2010
• Draft code of practice laid before Parliament: May 2011.

Public sector equality duty

• Comes into force: April 2011
• Guidance published: December 2010
• Draft code of practice laid before Parliament: January 2011.

Age protection outside the workplace

• Comes into force: expected April 2012
• Guidance published: December 2011
• Draft code of practice laid before Parliament: January 2012.

These dates are subject to change, according to the EHRC, but can be used as a basic timeline for the implementation of the Bill.  For now all the public can do is wait and see how the new Equality Bill will be used for the purpose of human rights, equality and fairness for all.