Institute of Employment Rights NorthWest Conference 2009

1. Institute of Employment RightsNorthWest Conference 2009 The New Equality Bill The Public Duty Professor Fiona Beveridge Liverpool Law School

2. Introduction • The Existing Equality Duties • The Proposed Equality Duty • Implementation • Enforcement

3. The Existing Equality Duties • The Race Duty • The Disability Duty • The Gender Duty • General v Specific • Code of Practice

4. The Proposed Equality Duty (Cl. 1) • Socio-Economic Inequalities: • An authority to which this section applies must, when making decisions of a strategic nature... have due regard to...(the desirability of reducing) the inequalities of outcome which result from socio-economic disadvantage.... • Authorities covered

5. Public sector equality duty • Cl.145 – A public authority must, in the exercise of its functions, have due regard to the need to – • Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

6. Foster good relations between persons who share a relevant protected characteristic and persons who do not share it Also applies to non-public authorities who are exercising public functions, who must have due regard to these duties in the exercise of those functions

7. Protected Characteristics (Cl. 4) • Age • Disability • Gender reassignment • Marriage and civil partnership • Pregnancy and maternity • Race • Religion or belief • Sex • Sexual orientation

8. Implementation • Requirements in the Bill • Codes of Practice • Previous Practice

9. Enforcement • General Duties – judicial review • Elias • BAPIO • Chavda • Eisai • Watkins-Singh • ‘C’ • Kaur

10. Enforcement (contd) • The specific duties • Role of Equality Scheme • Admissibility in Court Proceedings • Role of ECHR

11. Overview and Observations