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What prison and family welfare organisations need to know about the Equality Act

What prison and family welfare organisations need to know about the Equality Act. Leander Neckles: Necko Consultancy. This presentation overview. The importance of the Equality Act 2010: the Equality Act 2010 – overview; the Equality Act 2010 – key highlights;

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What prison and family welfare organisations need to know about the Equality Act

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  1. What prison and family welfare organisations need to know about the Equality Act Leander Neckles: Necko Consultancy

  2. This presentation overview • The importance of the Equality Act 2010: • the Equality Act 2010 – overview; • the Equality Act 2010 – key highlights; • the Equality Act 2010 – the protected characteristics. • The public sector equality duty (PSED) and the specific equality duties for England; • The implications of the Equality Act 2010 for communities and the voluntary and community sectors? • What should /can the voluntary and community sector do?

  3. The Equality Act 2010 and its importance: Overview • Most fundamental overhaul of UK anti-discrimination and equality legislation since the 1970s. • 2 main purposes of the Act: • 1 - to harmonise discrimination law; • 2 - to strengthen the law to support progress on equality. • Clearer language but still significant complexity. • Significant change – some new concepts, many new definitions, changes in what is and is not lawful. • Extended legal protection to 9 protected characteristics. • Addresses key requirements by setting out what is unlawful (i.e. areas of prohibited conduct). • A new expanded public sector equality duty covering 8 of 9 protected characteristics fully (one partially, marriage and civil partnership).

  4. The Equality Act 2010 and its importance: Key highlights • 9 protected characteristics - more people are protected • More areas of unlawful discrimination or prohibited conduct; • A new power for employment tribunals • Limits on questions that can be asked in recruitment about health and disability (section 60) • New positive action provisions • A new public sector equality duty • Supposed to be extended to cover age discrimination in service-delivery and public function (delayed was supposed to be implemented in April 2012)

  5. The Equality Act 2010 and its importance: The protected characteristics • The list of protected groups, now called protected characteristics, has been expanded. • There are now 9 protected characteristics: • age (but does not cover service-delivery or functions yet); • disability; • gender reassignment; • marriage and civil partnership; • pregnancy and maternity; • race; • religion or belief; • sex; and • sexual orientation.

  6. The Equality Act 2010 and its importance • Age discrimination provisions to be extended to cover service delivery & public functions due to be implemented in 2012 (subject to outcome of government deliberations): • the age discrimination provisions in relation to services and public functions and associations - will not apply to those under 18 (s. 28 (1)); • in the PSED, public sector equality duty (s. 149), the age equality provisions will apply to under 18s but there are exemptions (see schedule 18 of the Act).

  7. The PSED – Section 149 (1) and (2) • Section 149 (1): ‘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; • foster good relations between persons who share a relevant protected characteristic and persons who do not share it.’ • ‘A person who is not a public authority but who exercises public functions must, in the exercise of those functions, have due regard to the matters mentioned in subsection (1).’ [S.149 (2)]

  8. The PSED and due regard – Section 149 (3) • ‘Having due regard to the need to advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to: • remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic; • take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it; • encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.’

  9. The PSED & due regard – Section 149 (4), (5), (6) • ‘Having due regard to the need to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to: • a) tackle prejudice; and • b) promote understanding.’ Section 149 (5) • The PSED makes it clear that having due regard to the need to advance equality of opportunity between disabled people and non-disabled people includes: • consideration of the need to take steps to take account of disabled people’s disabilities (section 149 (4)); and • might mean treating some people more favourably than others, where doing so is allowed by the Act (section 149 (6)).

  10. The specific equality duties for England since September 2011 • Three requirements for England: • applies only to listed public bodies; • to publish information: • annually starting by no later than 31st January 2012) for most public bodies; • educational institutions have to publish the required information by April 2012 and then annually; • to publish equality objectives: • every 4 years, starting no later than 6th April 2012; • to publish this information in an accessible manner • ‘in a manner that the information is accessible to the public.’

  11. The specific equality duties – for England [September 2011] • What information has to be published? • a public body ‘must publish information to demonstrate its compliance with the duty imposed by section 149(1) of the Act’: • this is in exercising its functions, a public body must have due regard to the need to: • eliminate discrimination, harassment, victimisation ....; • advance equality of opportunity between persons ...; • foster good relations between persons ....’ • must include, in particular, information relating to persons who share a relevant protected characteristic who are: • its employees (but not where less than 150 employees are employed); • other persons affected by its policies and practices.

  12. The specific equality duties –for England [September 2011] • Publishing equality objectives: • applies only to listed public bodies; • each listed public authority listed ‘must prepare and publish one or more objectives it thinks it should achieve to do any of the things mentioned’ in the general equality duty; • an objective published by a public authority to comply with this requirement ‘must be specific and measurable.’ • The general equality duty: 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; • foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

  13. The implications of the Equality Act 2010 for communities and the VCS • Communities • new legal rights – but what about support, advice and information – knowledge is power; • greater consistency across groups/protected characteristics; • more challenging for public bodies to address the new PSED. • Issues for the VCS : • compliance issues; • training implications. • Issues for the VCS: • new demands and rights to be supported: • support, advice and information; • consultation and engagement in relation to the PSED; • direction(s) of travel for the Government and public sectors: • resources and cuts; • benefit and other welfare changes; • commitment to the legislation and equalities.

  14. What can voluntary and community organisations do? Complying with the Equality Act 2010 • Review key policies/procedures: • your EOP – Equal Opportunities Policy; • complaints policy; • your recruitment policy / procedures; • disciplinary and grievance procedures; • training policy. • Review job descriptions. • Review person specifications. • Review job advertisements. • Review your own: • Application & other forms. • Selection tests and assessment centres. • Interview arrangements. • References. • Terms and conditions of employment. • Record keeping, monitoring and review. • Need to consider all 9 protected characteristics.

  15. What can voluntary and community organisations do? Using the Equality Act 2010 • Promoting equality • Can /should we use the positive action provisions (section 158)? • Can/ should we use the positive action provisions (section 159)? • Can/should we respond to any of the consultations around the Equality Act 2010 or associated issues? • Do we need to find out more? • Partnership working with other VCS organisations • Can we work in partnership with other VCS organisations to promote equality? • What is happening locally? • What is happening in our sector?

  16. What can VCS organisations do? The PSED and holding public bodies to account. • Working with public bodies: • work in partnership, if possible, with public bodies; • understand the new PSED; • understand the specific equality duties and the deadlines; • find out what public bodies are doing; • apply the duty to major plans, policies and/or cuts. • How to hold public bodies to account? • Ask public bodies what they are doing to comply with the duties? • Ask the right questions? • Ask if the public body is using positive action measures. • Complain or challenge. • Use tools such as Freedom of Information Act requests (FOIs). • Be aware of judicial review.

  17. Information & advice sources • Legislation. Gov– Act and regulations • http://www.legislation.gov.uk/ • Equality and Diversity Forum - http://www.edf.org.uk/blog/ • Equalities and Human Rights Commission (EHRC): • statutory codes of practice, guidance etc..; • www.equalityhumanrights.com • Government Equalities Office (GEO): • http://homeoffice.gov.uk/equalities/ • Hansard debates – for the hard core among you – • http://www.parliament.uk/business/publications/hansard/ - if you want to track down the original debates. • Race on the Agenda - http://www.rota.org.uk/pages/default.aspx

  18. Additional information about some associated key developments in the equalities agendas • This information will not be covered in today’s presentation but you may find it interesting. • Key developments around the equalities agendas: • the Equality Act 2010 - positive developments since April 2010; • the Equality Act 2010 & equalities - negative developments – Government decisions since April 2010; • Outcome of key reviews &/or Acts with equalities implications due March/ April 2012?

  19. The Equality Act 2010 positive developments since April 2010 • April 2010: • enactment of the Equality Act 2010; • October 2010: • 90% of the Equality Act 2010 came into force; • new provisions on positive action (section 158) came into force • new power for Employment Tribunals to make recommendations came into force; • EHRC publishes its first 3 year Triennial Review – How Fair is Britain? • April 2011: • the 3 statutory codes of practice came into force – a) employment; b) equal pay; c) services, public functions and associations; • Public Sector Equality Duty (PSED) came into force; • positive action provisions in recruitment and promotion came into force (section 159). • September 2011: • New (but watered down) specific equality duties for England approved by Parliament.

  20. The Equality Act 2010 & equalities - negative developments – Government decisions since April 2010 • October 2010: • Public Bodies Bill published - new powers for ministers proposed with serious equalities implications. • November 2010: • the Socio-Economic Duty in the 2010 Act will not be implemented; • MoJ publishes Proposals for the Reform of Legal Aid in England & Wales – to reduce access/rights • December 2010: • Localism Bill published - new powers for ministers proposed with serious equalities implications. • January 2011: • Resolving workplace disputes - proposalsto reform employment law cases and tribunals announced: • proposed 2 year instead of 1 year for unfair dismissal claims; • proposed new fees for employment tribunal cases; • proposed new arrangements for calculating employment tribunal cases.

  21. The Equality Act 2010 & equalities - negative developments – Government decisions since April 2010 • March 2011: • specific equality duties consultation reopened; • much weaker regime of specific equality duties proposed for England than Wales or Scotland; • new Committee to consider whether to establish a Bill of Rights to possibly replace the Human Rights Act 1998; • review of all local authority statutory duties announced (DCLG); • the Equality Act 2010’s dual discrimination provisions will not be introduced • March 2011: • announcement of the Review of the EHRC and the Equality Act 2006 – Building a fairer Britain: Reform of the EHRC – proposals to radically scale back the EHRC’s remit; • moratorium exempting micro and start-up businesses from new domestic regulation for 3 years from 1/4/11; • Red Tape Challenge announced as part of the budget announcements to significantly reduce the burden of existing regulation.

  22. The Equality Act 2010 & equalities - negative developments – Government decisions since April 2010 • April 2011 • Red Tape Challenge (RTC) launched to “review 21,000 statutory regulations”; • process involves seeking the public’s views on over 21,000 UK statutory instruments currently in effect; • However entire Equality Act 2010 under review, not just regulations under the RTC. • October 2011 • venture capitalist, Adrian Beecroft’s proposals leaked; • http://www.xperthr.co.uk/blogs/employment-intelligence/2011/11/beecroft-update-compensated-no.html • October 2011 • Beecroft’s leaked proposals reported as employers should be allowed to sack ‘lazy workers’ with compensation with no recourse to an employment tribunal; • November 2011: • press reports that the PM has rejected the most draconian proposals made by Beecroft - http://www.guardian.co.uk/politics/2011/nov/10/david-cameron-retreats-sacking-proposals; • however press reports that, according to the Government, the Beecroft proposals are to be fed into their Red Tape deliberations.

  23. Outcome of key reviews &/or Acts with equalities implications due March/ April 2012? • Red Tape Challenge: • the Equality Act 2010; • employment law; • enforcement. • review of local authority statutory duties; • reform of the EHRC; • Reform of the Employment Tribunals and employment law (incl. the Beecroft report); • Legal Aid, Sentencing and Punishment of Offenders Bill (3/11/11 started in Lords) • Localism Bill • Public Bodies Bill

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