Equality Challenge Unit Association of University Administrators

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• Equality Challenge Unit / Association of
  University Administrators
• Equality Bill The impact of the proposed
• public sector duties on HEIs
• Nick Abbott, Partner
• 26 June 2009

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Where are we now?
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Equality Bill - overview

• Stonkingly good..
• Purpose harmonise and strengthen promotion of
  equality
• Protected characteristics
• Race Gender reassignment
• Sex Pregnancy and maternity
• Disability Marriage and civil partnership
• Sexual orientation
• Religion and belief
• Age

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Equality Bill - overview

• Direct discrimination
• because of
• includes associative and perceived discrimination
• Indirect discrimination
• simplified comparison
• Harassment and victimisation
• includes associative and perceived discrimination
• Equal pay
• ban on secrecy clauses
• provision of gender pay gap details

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Equality Bill - overview

• Positive action
• Public sector equality duties
• Addressing socio-economic inequalities (applies
  only to public authorities with strategic
  functions not HEIs, NHS Trusts, schools etc)
• Employment Tribunal new power to make
  recommendations to benefit workforce
• Implementation of the main provisions October
  2010?

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Equality Bill - Public sector equality duties

• Protected characteristics (existing)
• Race
• Sex
• Disability
• Protected characteristics (new or extended)
• Sexual orientation
• Religion or belief
• Age
• Pregnancy and maternity
• Gender reassignment
• (NB Not marriage and civil partnership)

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Equality Bill - Public sector equality duties

• A new, single equality duty due regard to the
  need to
• Eliminate discrimination
• Advance equality of opportunity
• Remove / minimise disadvantages
• Meet different needs of protected group
• Encourage participation in public life where
  low
• Foster good relations
• Tackle prejudice
• Promote understanding

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Equality Bill - Public sector equality duties

• Specific duties regulations required
• Government Equalities Office consultation
• Into force April 2011
• Equality objectives develop, publish, annual
  report
• Publication of gender pay gap, minority ethnic
  and disabled people employment rates
• Consult on policies and service delivery
• Demonstrate how impact on equality taken into
  account
• Build equality objectives into public procurement

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Equality Bill - Public sector equality duties

• Kaur v Ealing London Borough Council (2008)
• Service funding altered before a racial equality
  impact assessment unlawful
• Providing services for minority ethnic groups
  with particular needs is not inconsistent with
  equality duties
• Clarity in Bill compliance with duties may
  involve treating some more favourably
• Chavda v Harrow London Borough Council (2007)
• Service funding pressure consultation and
  equality impact assessment under equality scheme
• No evidence due regard given by decision-makers
  to special duties owed to disabled people

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Equality and Human Rights Commission

• The independent advocate which
• aims to reduce inequality, eliminate
• discrimination, strengthen good relations
• between people, and promote and protect
• human rights.

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Equality Bill - Public sector equality duties

• Guiding principles
• Due regard to the need to achieve equality
• Consider and be seen to consider
• Proportionality and relevance

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