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Watch Out For New Equality Bill, Says Adams & Remers

26/11/2009

By Lea Pachta

Businesses should start planning now for the Equality Bill set to become law during 2010. That's the advice from Sussex-based law firm Adams & Remers which says the Bill will have far-reaching repercussions across the business community.

"The Equality Bill is a significant piece of legislation which will impact on employers everywhere," says Cathy Hoar, Associate in the Employment Department of Adams & Remers. "The Bill, which replaces nine existing laws and more than 100 measures, will require businesses of all sizes and types to promote equality and avoid discrimination in the workplace."

Among key measures in the new Bill are:

- Banning secrecy clauses in employment contracts which prevent employees from discussing their pay or bonuses and protect an individual from victimisation for discussing their pay with their colleagues.

- Extending the definition of harassment into the workplace - with employers potentially being held liable for harassment by a third party such as customer or contractor.
- Requiring private sector employers with at least 250 employees to publish information about differences in pay between male and female employees (with effect from April 2013).
- Extending the reach of positive discrimination in recruitment - an employer will be able to take note of a "protected characteristic" such as age and disability where candidates are equally qualified.
- Widening Tribunals' powers to make recommendations that benefit the whole workforce rather than just applying a remedy to the individual that brought the claim.
- Replacing the public sector race, gender and disability equality duties with a unified duty, which could have a knock-on effect on any business that contracts with public sector bodies.

"The Bill is a culmination of many years of Government activity to narrow the gap between gender pay and strengthen anti-discrimination legislation," says Cathy Hoar. "Any single one of these new measures could make a huge difference to the way employers operate so they need to start preparing now to ensure they stay within the law next year," says Cathy Hoar.

She adds: "Although making changes to meet the requirements of the new Bill will mean extra work, once in force it should ensure that both employers and employees benefit from a fairer and more transparent workplace."

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