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Everyday Equality

Explore the EHRC's powers, duties, and enforcement powers under the Equality Act 2006. Discover their everyday work, including inquiries, investigations, agreements, and legal support.

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Everyday Equality

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  1. Everyday Equality Strategic work, past, present, future 18.01.2019 01

  2. Overview The EHRC and its powers

  3. EHRC Accredited UN National Human Rights Institution (rated A status) for England and Wales And EU National Equality Body for the UK

  4. Under the Equality Act 2006 we have: duties general powers and enforcement powers 12.10.2015 03

  5. Everyday Equality - Manchester About the EHRC Duties include • Monitoring the law • Advise central government about the effectiveness of any equality or human rights law • Make recommendations to central government about the repeal or amendment or revocation of an equality or human rights law • Advise central or devolved government about the effect of an enactment • Advise governments about the likely effect of a proposed change in the law

  6. Everyday Equality - Manchester About the EHRC 04 EHRC Enforcement Powers • S20 – investigation • S23 – agreement • S24 – application to court – injunction • S28 – legal support • S30 – interventions and other proceedings - own name judicial review • S31 – assessment of compliance with PSED

  7. Everyday Equality - Manchester About the EHRC General Power - Inquiry • S16 Equality Act 2006 • The Commission may conduct an inquiry into a matter relating to any of the Commissions duties under s8 and S9 (equality, diversity and human rights). • Commission may make recommendations to any class of person • A person to whom a recommendation is addressed must have regard to it EXAMPLES • Disability Harassment Inquiry • Legal Aid Inquiry • Home Care Inquiry • Inquiry into human trafficking

  8. Everyday Equality - Manchester About the EHRC Read our inquiry reports

  9. Everyday Equality - Manchester About the EHRC Investigations • Metropolitan Police Service • EHRC conducted an investigation into the Met.Police following Central London Employment Tribunal’s findings in the case of Carol Howard v Metropolitan Police Service – that the MPS had discriminated against and victimisedMs Howard in contravention of the Equality Act 2010. • The investigation focused on the MPS’s grievance and misconduct procedures. • Investigation into Met police revealed significant weaknesses in handling discrimination complaints.

  10. Everyday Equality - Manchester About EHRC Agreements • The Commission can enter into an agreement with a person or organisation it thinks has committed an unlawful act rather than use more formal wider enforcement powers – the organisation produces an action plan to remedy the alleged discriminatory practices. • The organisation does not admit to an unlawful act by signing an agreement with the Commission. • Several agreements contained confidentiality clauses and as a result we are unable to tell you about them. The Commission’s new policy is generally not to agree to confidentiality clauses in agreements.

  11. Everyday Equality - Manchester About the EHRC Agreements • 2019 – Rainbow Theatre Productions – agreement to take steps to prevent sexual harassment of employees • Tayside NHS – a deaf woman spent 6 days in hospital without an interpreter – steps taken to amend practices and policies • Staff agency supplying staff to the President’s Club Dinner - to update policies and procedures to encourage staff to speak out about harassment and make complaints • Sports Direct – access for disabled people • L ( a recruitment business) – discriminatory job adverts and recruitment process

  12. Everyday Equality - Manchester About the EHRC Applications • EHRC v Fergus Wilson • Landlord who said he would not let out his houses to ‘coloured’ tenants because they make the house smell of curry. • EHRC obtained an injunction against Mr Wilson to prevent further breaches of the Act.

  13. Everyday Equality - Manchester About the EHRC Legal Support - s28 - equality cases • Smailes v Clewer Court • Smith v Pimlico Plumbers • Plummer v Royal Herbert Freehold • Essop v Home Office UKBA • Paulley v First • Howe v JD Wetherspoons NOTE: EHRC CANNOT FUND HUMAN RIGHTS CASES

  14. Everyday Equality - Manchester About the EHRC S31 Assessments into the extent to which a public body has complied with the PSED • 2010 – 2012 • Assessment into the extent to which the coalition government complied with the PSED when taking decisions in respect of the spending review 2010. Recommendations for HM Treasury: • greater transparency, including clear HM Treasury guidance on data and analytical requirements for the whole of government • •authoritative sources of advice and support for government departments on equality impact analysis

  15. Everyday Equality - Manchester About the EHRC Interventions and Judicial Review – s30 • The Commission shall have capacity to institute or intervene in legal proceedings ………if proceedings are relevant to a matter in connection with which the Commission has a function

  16. Everyday Equality - Manchester About the EHRC Welfare Reform - interventions • R (Carmichael & Rourke) v SS Work and Pensions • R (Hurley & Others) v SS Work and Pensions – carers, benefit cap • R (TP) v SS Work and Pensions – transitional protection UC • R (RF ) v SS Work and Pensions – PIP, mobility, • R (MA / Carmichael) v SS Work and Pensions – bedroom tax • SG v SSWP – benefit cap • DA & Others and DS & Others v SSWP – revised down benefit cap • SC and others and 11 children v SSWP – 2 child cap

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  18. Everyday Equality - Manchester About the EHRC What next? Our draft strategic plan • Priority Aim 7 • The social security system is fair and operates without discrimination • What will we do? An indication of the type of activities we might pursue in relation to this Priority Aim: Undertake compliance and enforcement activity to challenge discriminatory rules and individual decision-making. https://www.equalityhumanrights.com/sites/default/files/draft-strategic-plan-consultation-document.pdf

  19. Everyday Equality - Manchester Anout the EHRC More enforcement work – and – More engagement with stakeholdersIntelligence gathering from advisersTackling persistent problems with our enforcement powers.

  20. Everyday Equality - Manchester About the EHRC 09 Discussions about discrimination or human rights issues? Question and answer sessions? Training on different areas of equality or human rights law, such as equal pay, premises, education? Fill in our brief survey or CONTACT US: Email: Englandadvisersupport@equalityhumanrights.com Tel 0161 829 8190 Roadshows – what would you like to see?

  21. Everyday Equality - Manchester About Adviser Support Adviser Support Service • Use our service for free advice on equality and human rights issues • Tell us about issues facing your clients that we should know about • Help inform our enforcement work • Help bring positive change

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  23. Everyday Equality – Manchester About Adviser Support Resources? Helpline? Training? Telll us how to help you?

  24. Thank you Any questions? About Adviser Support 13 Everyday Equality - Manchester

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