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Equality Bill Challenges

Learn about the challenges faced by Public & Commercial Services Union regarding the Equality Bill enforcement, limitations, legal experiences, and strategies like monitoring, assessments, and future actions.

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Equality Bill Challenges

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  1. Equality Bill Challenges Public & Commercial Services Union 160 Falcon Road London SW11 2LN Lorna Campbell National Equality Officer lorna@pcs.org.uk

  2. Equality Bill

  3. 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

  4. 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

  5. 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

  6. Challenges: Enforcement (2) • Specific duties • Equality & Human Rights • Monitoring • Objectives/Equality Plans

  7. Equality Bill Challenges (3) EHRC Limitations • EHRC functions • 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. Meeting Challenges: Strategy

  14. Meeting Challenges: (1) Monitoring • Essential equality tool • Baseline information • Evidence based • Proper targeted responses • Map progress • Identify Challenges

  15. Meeting Challenges (2) : Equality Impact Assessments • New tool available to • Trainers • Policy makers • Negotiators/trade unions

  16. 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

  17. Meeting Challenges (2): Reporting Procedure • Establish regular 4 way meeting with • EHRC • Inspectorate • Cabinet Office • Unions • Highlight areas of concern/way forward • Consistency • Protocol

  18. Meeting Challenges Campaign(3)/Action • PQs • Formal complaints - • Diversity Champions • EHRC • Cabinet Office • Inspectorates

  19. Meeting Challenges (4):Formal Action/Complaint • Judicial Review • 3 month time limit from action complained of • Expensive • Inadequate

  20. 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

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