The Government has announced a raft of changes to the Equality Act 2010 and the Equality and Human Rights Commission (EHRC). The measures announced include:
- consultation on repealing employers’ liability for third party harassment. The Government argues that employees are already adequately protected against such behaviour by employers’ common law duty to take reasonable care of the safety of their employees; employers’ duty under Health and Safety legislation to ensure, so far as is reasonably practicable, their employees’ health, safety and welfare at work; the Protection from Harassment Act 1997; constructive dismissal law; and, potentially, the protection from harassment provisions in S.26 Equality Act;
- consultation on repealing the statutory questionnaire procedure. The Government believes that this procedure has failed to increase pre-hearing settlements and reduce tribunal workloads, and has instead created burdens and risks for employers;
- working with the British Chambers of Commerce to help small and medium-sized companies understand what they do and do not need to do to comply with the Equality Act.
The two consultations issued by the Government Equalities Office, ‘Equality Act 2010: consultation on repeal of two enforcement provisions’ and ‘Equality Act 2010: consultation on employer liability for harassment of employees by third parties’, close on 7 August 2012.
For a free initial meeting please call 01202 499255 and Kate or Paul will be happy to discuss any questions you may have.
Comments