Monday, 11 October 2010

How fair is Britain? Equality Commission launches landmark report


11th October 2010

Commission launches landmark report: 'How fair is Britain?'

A landmark report released today by the Commission paints a picture of a largely tolerant and open-minded society, in which some equality gaps have closed over the past generation.

But ‘How fair Is Britain?’, the most comprehensive compilation of evidence on discrimination and disadvantage ever compiled in Britain, also shows that other long-standing inequalities remain undiminished; and that new social and economic fault-lines are emerging as Britain becomes older and more ethnically and religiously diverse. The Review also identifies recession, public service reform, management of migration and technological change as major risk factors in progress towards a fairer society.

The first in a series of reports laid before Parliament every three years, ‘How fair is Britain?’ draws on a range of major datasets and surveys, as well as the Commission's own research reports, to build a portrait of Britain in 2010. The 700-page report provides the independent evidence and benchmarks for reviewing the state of social justice.

And it identifies five critical ‘gateways to opportunity’ which the Commission says can make the difference between success and failure in life: Health and Well-being: Education and Inclusion; Work and Wealth; Safety and Security; and Autonomy and Voice

The Commission's findings cover all seven areas of formal discrimination set out in law: age, disability, gender, race, religion or belief, sexual orientation and transgender status. For the first time, it analyses the gaps in treatment and achievement of these seven social groupings beyond solely economic outcomes - by including factors such as personal autonomy and political influence (‘voice’) alongside education, health, standard of living and personal safety.

The three yearly assessment in the Review, mandated by the Equality Act 2006 will:

provide an evidence base to ensure that action to tackle inequality and ensure fairness is properly targeted
ensure that scarce resources are used in order to protect the vulnerable and disadvantaged from the worst effects of recession, deficit reduction and public service reform
set objective benchmarks to assess the ‘fairness factor’ in public policy


The report finds that over recent years, public attitudes have become much more tolerant of diversity, and much less tolerant of discrimination. This can be seen in relation to most of the major equality characteristics, including race, gender and sexual orientation.

Opposition to working for an ethnic minority boss or inter-ethnic marriages has dropped; stereotypical views about the roles that men and women should play in family and society have become less prevalent. And perhaps the most dramatic change is in relation to LGB people: a gap of less than 20 years separated the parliamentary debates about Section 28 and civil partnership.

Evidence suggests that the public is strongly in favour of the generic principles of equality, dignity and respect for all. This consensus was reflected by each of the main political parties, which went into the 2010 General Election with some form of explicit commitment to equality.

However, the Review also highlights areas of anxiety. There is evidence that the public thinks that both racial and religious prejudice are on the increase, though this may reflect heightened sensitivities. British people are broadly positive about the economic contribution of many immigrants, but the ‘immigration paradox’ remains: about three quarters of the public say that they are concerned about the scale of immigration at a national level - but about the same proportion feels that immigration is not a problem for their own communities.

The Review also highlights significant gaps in knowledge and data about particular groups - for example, transgender people - and the impact on our ability to tell whether the ideals of equality and fairness are being translated into a practical change for the better in these people’s real lives.

Trevor Phillips, Chair of the Equality and Human Rights Commission said:

“This Review holds up the mirror to fairness in Britain. It is the most complete picture of its kind ever compiled. It shows that we are a people who have moved light years in our attitudes to all kinds of human difference, and in our desire to be a truly fair society - but that we are still a country where our achievements haven't yet caught up with our aspirations.

“Sixty years on from the Beveridge report and the creation of the welfare state, his five giants of squalor, disease, ignorance, want and idleness have been cut down to size, though they still stalk the land.

“But in the 21st century we face a fresh challenge - the danger of a society divided by the barriers of inequality and injustice. For some, the gateways to opportunity appear permanently closed, no matter how hard they try; whilst others seems to have been issued with an ‘access all areas’ pass at birth. Recession, demographic change and new technology all threaten to deepen the fault lines between insiders and outsiders.

“Our Review has identified the five ‘great gateways’ to opportunity that could open the way to millions.”

The ‘gateways’ identified in the report are

1. Health and Well-being:

Men and women from the highest social class can expect to live up to seven years longer, on average, than those from lower socio-economic groups (based on life expectancy at birth).
Black Caribbean and Pakistani babies are twice as likely to die in their first year as Bangladeshi or White British babies.


2. Education and Inclusion:

Girls achieve better results than boys at age five in England, and at age 16 in England, Scotland and Wales, and in every ethnic group. In 2009 female university students outnumbered men by a ratio of roughly 4:3. Women are also more likely than men to get first-class or upper second-class degrees.

Girls and women tend to be concentrated in some courses which tend to lead to relatively poorly-rewarded jobs.
Forty-four per cent of Black, Indian and Pakistani students are at ‘new’ universities compared to 35 per cent of others. Eight per cent of Black students are at Russell Group institutions, compared to 24 per cent of White students.

Seventeen per cent of children with special educational needs get five good GCSEs including English and Maths, compared to 61 per cent of children without identified special needs.
At age five, 35 per cent of pupils known to be eligible for free school meals achieved a good level of development, compared to 55 per cent of pupils not eligible for free school meals.

Apart from Gypsy and Traveller children, the performance of White British boys on free school meals at GCSE is the lowest of any group defined by gender, free school meals status and ethnic group; by contrast the highest performing group at sixteen are Chinese girls, with those on free school meals outranking every other group except better-off Chinese girls.


3. Work and Wealth:

The mean gender pay gap for women and men working full-time in 2009 was 16.4 per cent; and progress today appears to be grinding to a halt. Women aged 40 earn on average 27 per cent less than men of the same age. Women with degrees are estimated to face only a four per cent loss in lifetime earnings as a result of motherhood, while mothers with no qualifications face a 58 per cent loss.

By the age of 22-24, figures suggest that 44 per cent of Black people are not in education, employment or training, compared to fewer than 25 per cent of White people. One in four Bangladeshi and Pakistani women work, compared with nearly three in four White British women, and only 47 per cent of Muslim men and 24 per cent of Muslim women are employed.
Pakistani and Bangladeshi men’s earnings fall 13 per cent and 21 per cent below what might be expected, and Black African Christian and Chinese men experience pay penalties of 13 per cent and 11 per cent.

Fifty per cent of disabled adults are in work, compared to 79 per cent of non-disabled adults.


4. Safety and Security:

Two-thirds of lesbian, gay and transgender secondary students report that they have been victims of often severe bullying (17 per cent of those bullied reported having received death threats). Homophobic bullying also seems to be more common in faith schools.
Domestic violence is associated with a higher rate of repeat-victimisation than any other kind of violent or acquisitive crime: in 2009/10, 76 per cent of all incidents of domestic violence in England and Wales were repeat offences.

The number of women prisoners has nearly doubled since 1995 in England and Wales, and since 2000 in Scotland.

On average, five times more Black people than White people are imprisoned in England and Wales and there is now greater disproportionality in the number of Black people in prisons in Britain than in the USA.

5. Autonomy and Voice:

One in eight people in England provide unpaid care to adults.
One in four women and nearly one in five men in their fifties are carers.
The number of people aged 65 and over with care and support needs is estimated to rise by 87 per cent between 2001 and 2051.
It is projected that due to the increasing age of the population, nearly 1.3 million disabled older people will require informal care by 2041 up by around 90 per cent.
175,000 people under 18 have caring responsibilities and a disproportionate number of young carers are from certain ethnic minority backgrounds (including Bangladeshi, Black African, Black Caribbean and Pakistani backgrounds).
Women represent less than a quarter of Westminster MPs and barely three in 10 councillors in England. Four per cent of Westminster MPs are from an ethnic minority background.

Source: Equality and Human Rights Commission

More information about Equality and Human Rights Commission

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals .


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Pay gap between Men & Women halts


The Institute of leadership and Management - ILM has reported a news story today "Gender pay gap progress has halted"


The gap between the amount women and men earn has stopped closing, according to a new report.


According to the How Fair is Britain report, women aged 40 earn on average 27% less than men of the same age.


Motherhood also impacts on women's earning potential, with females with a degree facing a 4% loss in lifetime earnings. Mothers with no qualifications face a 58% loss, the report also shows.


The news comes just months after the charity Gingerbread found that a lack of family-friendly jobs is stopping single parents from returning to work.


Trevor Phillips, Chair of the Equality and Human Rights Commission said: "In the 21st century we face a fresh challenge - the danger of a society divided by the barriers of inequality and injustice."


However, the report also found that public attitudes have become much more tolerant of diversity and much less tolerant of discrimination.


Stereotypical views about the roles that men and women should play in family and society have become less prevalent, while opposition to working for a boss from an ethic minority has dropped.


Source: ILM


For More information See our Blog "Equality Commission launches landmark report: 'How fair is Britain?'"


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Friday, 8 October 2010

Large companies must embrace diversity


8th October 2010 - A week after the Equity Act became law there is a headline on the politics.co.uk website "Corporations 'must embrace diversity'"


The report goes on to say "Large companies must embrace diversity if they are to cut costs and improve their products, according to business leaders.

The comments came at an awards ceremony for supplier diversity in which Pepsi scooped the 'corporation of the year' award, narrowly beating ExxonMobil.

"Despite significant progress over the last few years, the volume of business won by ethnic minority owned businesses in the UK remains small," said Sara Todd, chair of Minority Supplier Development UK (MSDUK) and executive director at Merck Sharp & Dohme (MSD).

"In the US, companies have been far quicker to embrace supplier diversity and the resulting commercial benefits."

Ms Todd also encouraged minority-owned businesses to improve their professionalism and better understand the needs of large corporations.

Mayank Shah, Director of MSDUK, added: "Given the changing make up of the UK's population and the need to build a sustainable economic recovery, it's critical that diversity is debated at a national level.

"Discussions at the conference around the impact of the new Equality Act, the business case for diversity and processes to extend the supplier base were all keenly attended."

The Equality Act, which brought together nine separate pieces of equality legislation together, came into force last week.

Ethnic minorities were largely unaffected by the new law, which consolidated and cleared up various strands of legislation from previous decades.

Aspects relating to audits of firms in a bid to narrow the gender pay gap are still under review by the government, however, with an eye to avoiding placing any new demands on British business as the economy emerges from recession."


politics.co.uk is the leading specialist UK politics news website. Each month more than 300 new and original articles are written by our in house team of journalists attracting more than 100,000 unique visits from MPs, journalists and politically aware members of the public.

politics.co.uk's strength lies in its unique blend of breaking political news and useful reference content covering everything from the workings of the political system to the key people and organisations in the world of politics.

politics.co.uk is politically neutral. It provides objective, factual and balanced political information. It is governed by an editorial policy that ensures all major arguments about a political issue are represented and that material is based on clearly identifiable sources.politics.co.uk is owned and run by Adfero Ltd, the UK's leading dedicated provider of online news


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Equality Act 2010 implementation welcomed by charity



"Charity welcomes implementation of the Equality Act 2010" 1st October 2010


The new Equality Act starts to come into force across Britain today.

Although it may seem like a lot of small changes, together they will make a big difference; helping Scotland too to become a fairer society, improving the public services we all use and helping business perform well.

The new Act, aimed at creating a society built on equality and fairness, will cover everyone; it simplifies our laws - consolidating over one hundred pieces of legislation into one practical act - and makes it easier for us to treat other people fairly.

The new legislation protects everyone to some extent, as people have several of the characteristics it covers, namely age, race, religion and belief, sex (meaning gender) and sexual orientation; and some people also have the protected characteristics of disability, gender reassignment, marriage and civil partnership, pregnancy and maternity.

Under the Act, people are not allowed to discriminate, harass or victimise another person because they belong to a group that the Act protects, are thought to belong to one of those groups or are associated with someone who does.

Age Scotland spokesperson Lindsay Scott says: "We know that despite the great leaps forward in terms of tackling discrimination and changing attitudes over the last thirty years, many old inequalities remain and new and emerging challenges exist.

"A fixed date for implementation has yet to be determined for protection from age discrimination in access to goods, facilities and services and the public sector equality duty, and we would like to see this happen sooner rather than later. However, we welcome this additional tool for building a fairer society."

The Equality and Human Rights Commission has released an online starter guide to the legislation for employers and service providers. The guide contains nine bite-size modules which set out the essential.

Source: Age Concern Scotland


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Thursday, 7 October 2010

40 Years after “Made in Dagenham” employees get a new weapon in the fight for equal pay - The Equality Act 2010


Press Release from Government Equalities Office - 1st October 2010

"Equality Act: Four decades after the “Made in Dagenham**” pioneers, employees get a new weapon in the fight for equal pay"

On the day a new film is released that tells the story of how a group of 1960s women fought for equal pay, today’s workers have won new rights that will help to stamp out pay discrimination.

Most provisions of the 2010 Equality Act take effect from today (1 October), including a measure to stop pay secrecy clauses being used to hide unfair differences between what men and women are paid.

The change in the law coincides with the release of “Made in Dagenham,” a British film about the women of the Ford assembly plant in East London who, in 1968, launched a campaign to demand equal pay. Their actions led to the creation of the 1970 Equal Pay Act.

Around 90 per cent of the Act comes into force today, making the law simpler by bringing together nine pieces of legislation under a single banner. The Government will announce in due course its plans for the remaining parts of the Equality Act not due to be implemented on 1 October.

Home Secretary and Minister for Women and Equality Theresa May met four of the original strikers last week .

She said: “Thanks to pioneers like the women who feature in “Made in Dagenham,” the workplace is much fairer than it was in 1968. But there is still plenty of room for improvement.

“In these challenging economic times it’s more important than ever for employers to make the most of all the talent available. When a company reflects the society it serves, it’s better for the employer, the employees and the customers, so being a woman should never be a barrier to being treated fairly at work.

“From today the gagging clauses that stop people discussing their pay with their colleagues will be unenforceable, allowing women – and men – to find out if they’re being paid unfairly.

“This move towards transparency is just one part of the Equality Act, which also makes it easier for businesses to comply with discrimination law by streamlining the equality laws, and provides more protection to disabled people.”

The Act brings together nine different laws – including the Equal Pay Act – into a single piece of legislation, simplifying the law and reducing the administrative burden on businesses.

More information about The Equality Act 2010

1. The nine pieces of legislation being brought together under the 2010 Equality Act are:

•Equal Pay Act (1970)
•Sex Discrimination Act (1975)
•Race Relations Act (1976)
•Disability Discrimination Act (1995)
•Employment Equality (Religion or Belief) Regulations (2003)
•Employment Equality (Sexual Orientation) Regulations (2003)
•Employment Equality (Age) Regulations (2006)
•Equality Act (2006)
•Equality Act (Sexual Orientation) Regulations (2007)


2. Key changes to the law being introduced today include:

•Making pay secrecy “gagging” clauses unenforceable. This will protect employees who choose to discuss their pay with each other for the purposes of uncovering discrimination.
•Extra protection for disabled people. The new law restricts the circumstances in which employers can ask job applicants questions about disability or health prior to offering them a position, making it more difficult for disabled people to be unfairly screened out.
•New powers for employment tribunals. Where an employment tribunal finds that an employer has discriminated against an employee, the tribunal will be allowed to make recommendations that could affect the whole workforce – for example, calling for harassment policies to be more effectively implemented – instead of being restricted to measures that will benefit the employee who brought the action.
•Extending protection from third party harassment to all protected characteristics, meaning employers have a responsibility to protect their staff, where possible, from harassment by customers.

Source: Government Equalities Office
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** Made in Dagenham - Is a dramatization of the 1968 strike at the Ford Dagenham car plant, where female workers walked out in protest against sexual discrimination. This walkout was instrumental in the Equal Pay Act 1970. The film stars Sally Hawkins, Miranda Richardson, Rosamund Pike and Jaime Winston. It is directed by Nigel Cole with Screeplay by Billy Ivory.


Equality & Human Rights Commission make a statement on new Eqality Act


The new Equality Act became law from the 1st October 2010. The act replaces most of the previous discrimination legislation.

The objective of the act is promoting equality for all by preventing discrimination under several protected characteristics Age, Disability, Gender Reassignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex and Sexual Orientation. The Act applies to the provision of services as well as employment.

The Equality & Human Rights Commission issued a Press Release on the 1st October. "Commission statement on the implementation of the Equality Act 2010"

The majority of the Equality Act 2010 comes into force today, bringing together existing equality law into one place so that it is easier to understand and extending protection to some groups so that they are treated more fairly.

The Commission’s role, given to it by Parliament, is to help people understand equality law and to enforce it.

The new law protects everyone in Britain to some extent as people have several of the characteristics it covers, namely age, race, religion and belief, sex (meaning gender) and sexual orientation; and some people also have the protected characteristics of disability, gender reassignment, marriage and civil partnership, pregnancy and maternity.

Under the Act people are not allowed to discriminate, harass or victimise another person because they belong to a group that the Act protects, are thought to belong to one of those groups or are associated with someone who does.


Helen Hughes, interim Chief Executive of the Equality and Human Rights Commission, said: “It’s more than just an Act. Simplifying equality legislation and extending protection to a wide range of groups that face discrimination will help Britain become a fairer society, improve public services, and help business perform well.

“For example, banning the use of pre-employment questionnaires under the new Equality Act could make it easier for veterans who have been recently disabled in the line of duty to get work; and protecting young mums from discrimination in school or college could mean they finish their education rather than drop out.

“It is also a reminder that treating people fairly protects organisations from costly discrimination claims.”

Detailed guidance to the new Equality Act is being rolled out by the Commission. The Commission is producing statutory guidance (“Codes of Practice”) for legal professionals and can be referred to in legal cases; and other guidance (“non-statutory guidance”) aimed at people who want to know how the law applies in different settings.

Source: The Equality and Human Rights Commission.

Who are a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.

The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Equality Act 2010 - Are you compliant? Find out here how jml Training can help your organisation

Wednesday, 6 October 2010

Equality Act may take employers by surprise



"Employers may be taken by surprise by Equality Act" is the headline on the 30th September on the British Chamber of Commerce website.


British business owners have been told to prepare for the impact of the Equality Act, due to come into force on Friday October 1.


Companies of all sizes will be affected by the legislation, which has been more than five years in the making, as it will raise a range of practical points for employers to consider to avoid the risks of discrimination claims by employees.


Rachel Dineley from law firm Beachcroft LLP, said: “The new Act has been a long time coming. Its fundamental purpose is to bring together all existing discrimination protection into a single Act, with a view to ensuring consistency and clarity over how employees and job applicants are protected against incidents of discrimination in the workplace.”


Some of the key issues of the Act include: an extension of discrimination law, the prohibition on employers asking job applicants questions about their health, and new laws that allow employees to freely discuss their pay with one another.


Beachcroft LLP has informed employers that any action they take against workers discussing pay will be unlawful victimisation.


They have warned that with the recent changes in government and current focus on cost cutting, employers may be taken by surprise as job applicants and employees take advantage of the revised protection provided by the Act.


Source: British Chamber of Commerce / Crimson Business Ltd


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nebusiness.co.uk - News - Features - Women can now make a NEWW move

nebusiness.co.uk - News - Features - Women can now make a NEWW move


The Equality Act 2010 - Are you compliant? Find out here how jml Training can help your organisation


Will the Equality Act to spark employee demand for pay rises?



According to "The Grapevineonline" 6th October 2010..."Equality Act to spark employee demand for pay rises"


The newly enforced ban on pay secrecy gagging clauses could result in a wave of employees demanding salary increases.

The Equality Act, which came into effect last Friday (1 October 2010), prevents organisations from enforcing contractual agreements that stop employees from discuss their pay with colleagues as long the conversation is intended to uncover instances of discrimination.

According to research from PricewaterhouseCoopers (PwC), almost half (49%) of UK employees would demand a pay rise or quite look for a new job if they found out that colleagues which held positions at the same level were paid more than them.


Michael Rendell, Head of HR Consulting, PwC comments: “Although the provisions in the Equality Act banning gagging clauses were watered down considerably in the final drafting of the legislations, the new rules are put of the growing culture and regulatory drive for greater disclosure around pay.

“A further step in this direction will be the requirement also contained in the Equality Act for private sector employers with more than 250 employees to report their gender pay gap. This obligation is due to come into force in 2013, although it is possible it may happen sooner.”

Source: Grapevineonline - The Grapevine Magazine is published every month providing an insight into the world of talent management. It is the only publication dedicated to this unique and growing part of the HR market. Packed with features, case studies and specialist columns it is essential trade reading for both Practitioners and Supplier to this industry


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Increase in discrimination claims when Equality Act comes into force?



"Businesses fear increase in discrimination claims when Equality Act comes into force" - Press Release - 1st October 2010


•Equality Act becomes law on 1 October 2010
•Three quarters of HR professionals predict increase in discrimination claims


According to new research from international law firm Eversheds, 75% of HR professionals surveyed fear that the Equality Act 2010, which comes into force on 1 October 2010, will lead to an increase in claims.


The research, which canvassed the opinions of over 200 HR professionals, also reveals that many employers (57%) have responded to these concerns by implementing training on the Act for managers or staff, or intend to do so. However, nearly a third (29%) had no plans to implement training.

Audrey Williams, head of discrimination law at Eversheds, comments:

“While the Equality Act is designed to streamline existing discrimination law, it also expands it in some areas. This explains why employers are concerned that they will see an increase in claims after the Equality Act becomes law on 1 October 2010.

“Most employers seem to recognise that one important way to protect themselves against claims is to train managers and staff so that they understand what is and isn’t considered acceptable. For example, the Act imposes new restrictions on what questions employers can ask about job candidates’ health. Anyone involved in the recruitment process needs to know about this change. Those employers who have yet to consider training should do so immediately.”

Nearly half (49%) of those who responded said their internal policies will be changed ahead of the Act coming into force in October, while a third (33%) didn’t intend to change their policies.

Audrey Williams comments:

“Many employers will have had to change their equality policies to reflect the fact that the Act increases the scope for organisations to be held liable if one of their employees is harassed by a third party, such as a customer, service user or supplier. Such policies should tell staff what to do if they feel they have been harassed and reassure them that their concerns will be taken seriously. For those who said they hadn’t changed their policies, it may be that they don’t have to as they already cover the relevant areas. That said, we would still recommend they check their existing policies to ensure they deal with the changes made by the Act.

“Depending on the nature of the employer’s activities, it might also be appropriate to specifically bring to the attention of clients, customers and commercial contacts that inappropriate behaviour towards staff will not be tolerated.”

The research also gives an insight into some of the more controversial aspects of the Act that are still under review, such as the provision for ‘positive action’

Audrey Williams comments:

“Perhaps the most contentious aspect of the Act is a provision for ‘positive action’ that would allow employers to recruit or promote employees because of their sex, race etc if they are 'as qualified as' other candidates. The coalition has, so far, declined to implement this part of the Act, and refuses to be drawn on when, if ever, it will take effect. Other types of positive action will, however, be allowed where it is aimed at remedying perceived disadvantage or underrepresentation. However, Eversheds’ survey suggests there is little appetite for this amongst employers, with only 7% saying they will definitely adopt some form of positive action.”

Another aspect of the Act that the coalition has held back from implementing concerns the publication of pay data. Under the Labour Government there was talk of requiring larger private sector employers to publish information about their gender pay gap, i.e. the difference in pay between male and female employees. With that in mind, the Act contains a section that would give Ministers power to introduce new regulations, at some future date, to make reporting compulsory.

Neither the Conservatives nor the Liberal Democrats were happy with this provision, albeit for different reasons. One option available to the coalition would be simply to bring the relevant section of the Act into effect without ever using the power to introduce regulations. By declining to implement this provision the coalition appears to be sending out a message that it does not think forcing employers to reveal what they pay to men and women is the solution to the stubborn problem of the gender pay gap.

Audrey Williams comments:

“Labour ministers had hoped that employers would voluntarily reveal information about their gender pay gap, promising further regulations only if voluntary reporting did not take off. However Eversheds’ survey suggests this may have been something of a pipe-dream, with only 13% of employers saying they will publish the data voluntarily.

The drive for pay transparency is also behind a provision in the Act that limits the effect of so-called ‘pay gagging clauses’, which are contract terms that seek to prevent employees discussing their pay. The Act limits the effect of such clauses by making them unenforceable against employees who discuss pay within the workplace with a view to finding out if there has been any unlawful discrimination in pay rates. However, Eversheds’ survey reveals that few employers are likely to be affected by this part of the Act. Less than one in 10 organisations surveyed by Eversheds currently has some form of contractual provision in place purporting to ban the discussion of pay, and of those, only a fifth (21%) say they intend to keep it post 1 October.

Audrey Williams concludes:

“So called ‘pay gagging clauses’ tend to be found in sectors such as financial services. Whilst there is no need for employers to abandon such clauses, managers do need to be aware that it won’t always be appropriate to take action against someone who has revealed details about their pay.

“This is an important piece of legislation, and employers need to fully up to speed with all the changes to avoid potential claims.”


The research was conducted in September 2010 among 237 HR professionals.

Tips for preparing for the Equality Act 2010


Employers can follow a number of simple steps to ensure they are prepared:

· Review existing policies in all areas of discrimination to ensure they are still relevant

· Ensure all employees with line manager and interviewing responsibilities have attended training so they know when to recognise discrimination and ensure they comply with the law

· Ensure all staff are trained so that they know what to do if they experience harassment or discrimination

· Depending on the nature of the employer’s activities, it might also be appropriate to specifically bring to the attention of clients, customers and commercial contacts that inappropriate behaviour towards staff will not be tolerated.

Source: Eversheds LLP: - Eversheds LLP and its world wide offices have over 4,500 people who provide services to the private and public sector business and finance community. Access to all these services is provided through 47 international offices in 29 jurisdictions. Eversheds combines local market knowledge and access with the specialisms, resources and international capability of one of the world’s largest law firms.


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