In Chris’ latest Coffee Break Briefing, he explores the different types of statutory leave, highlights the key enforcement risks and potential claims and outlines the latest changes and new entitlements employers need to be aware of.
The Government has released details of the new Equality Bill which will be introduced in Parliament later this year. This includes plans to allow positive discrimination in the workplace and to force employers to disclose salary structures in a bid to close the gender pay gap.
The proposed Equality Bill will consolidate all the current discrimination legislation into one Act. It will also:
- extend positive action so that employers can take under-representation into account when selecting between two equally qualified candidates. This means that managers of white, male dominated workforces will be able to address this issue by giving preference to female or ethnic minority candidates so long as they are equally suitable for the job;
- outlaw pay secrecy clauses in employment contracts and make it unlawful to prevent employees from discussing their pay, in an attempt to reduce the gender pay gap;
- introduce wider powers for Employment Tribunals to make recommendations in discrimination claims, so that recommendations can apply to the whole workforce and not just the successful claimant. Such recommendations might include implementing an equal opportunities policy or reviewing pay policies. Failure to comply with such recommendations could be taken into account in any further claims against the employer;
- impose a duty on public sector employers to ensure that there is equality in the workplace. This will include duties in relation to gender reassignment, age, sexual orientation and religion or belief, in addition to the current duties in respect of race, disability and gender; and
- outlaw age discrimination in the provision of goods and services.
Allowing positive discrimination is intended to help organisations such as the police better reflect the communities they serve by recruiting more female and ethnic minority officers. But if, for example, a business wanted to discriminate in favour of a male candidate to balance an all female team, that would be permitted too.
Further details regarding the Equality Bill will be included within a future Employment Brief.
Read the other articles in this newsletter:
48-hour week opt-out to remain
"Self-employed" workers can claim unfair dismissal
Consultation regarding new right to request training
Keeping a written record does not amount to a detriment
Q and A - The 48-hour week
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