EQUALITY BILL PROVOKES STRONG REACTION

As Harriet Harman announces the draft of the new Equality Bill to help eradicate ageism, racial and gender discrimination in the workplace, it remains to be seen whether these forms of “positive discrimination” will be of benefit to the work place and succeed where older forms of the Bill have not before. Here, in this business news special, we take a look at just a few reactions to Harman’s proposed changes. 

Following the publication of the framework for the Bill, Kevin Green, chief executive of the Recruitment and Employment Confederation (REC), said: “News of ‘positive discrimination’ will concern recruiters, who pride themselves on finding the best person for the job, whatever their background.  However let’s be clear that it will only be possible to take this action where candidates are equally qualified for the job.  In reality good recruitment is about finding the right match of skills and personality for the job in hand, it is hard to envisage candidates being absolutely equal in the first place.  REC is concerned that what is a relatively minor measure could be misinterpreted and bring about illegal discriminatory practice.  As employment law becomes ever more complex employers should turn to professional recruiters who can navigate these potential pitfalls.”

Julie Quinn, partner at law firm Nabarro, commented: “Positive discrimination under English law is, except in very limited circumstances, itself a discriminatory practice.  Employers do not use quotas but we increasingly see businesses setting themselves ‘targets’ based on gender profile and ethnicity for the highest ranks within their organisation.  Many fail to hit those targets – the rate of progress is just too slow.

“What we do know is that female shortlists do work; mandatory quotas (take the Norwegian example of requiring 40% of directorships for companies listed on the Oslo Bourse to go to women) rapidly improve gender imbalance.  Yes, these steps can be accused of being discriminatory and insulting to the candidates produced, but so what?  These people are not getting there fast enough playing by the traditional rules.”  

Esther Smith, Employment law expert at law firm, Thomas Eggar LLP, raised concerns about the effectiveness of the new Bill. Smith said: “The employment legislation introduced in 2006 has done little to alter discriminatory practices or attitudes within the workplace.  Rather than encouraging employers to look beyond an employee’s age and provide employment opportunities later in life, most employers are now actively enforcing retirement at 65 irrespective of the merits or otherwise of an individual’s request to stay on as that is, legally, the most risk averse route open to them. The efforts to address the gender and age pay gap issues raise slightly more enthusiasm, but given that the Equal Pay Act has been in force in the UK for over 35 years, one might have expected the gender issues to be addressed by now. The complexity of this legislation is in itself a deterrent to most people in bringing claims.”    

TAEN – The Age and Employment Network has heralded Harriet Harman’s comments that the new Equality Bill will outlaw age discrimination in the provision of goods, facilities and services and introduce a public sector duty in respect of age as another important step towards defeating age discrimination – but  believes there is a glaring omission on retirement age.

Chris Ball, chief executive of TAEN, says: “The good news is that these changes – along with the intention to introduce a public duty in respect of age – should also have important economic benefits as well.  Stimulating more demand for goods and services should translate into more jobs in sectors such as travel, tourism, health and social care.  What is more, a growing public duty should ensure that a good proportion of those jobs should go to older jobseekers as public sector employers themselves, and their suppliers, actively embrace age diverse employment policies and practices. 

“It appears that there is one glaring omission in the Bill’s ‘age’ proposals. That is the failure to scrap the default retirement age.  This item, more than any other, would have sent the strongest signal that individuals should be judged on their own merits, abilities and contribution – not the date on their birth certificate. 

Its inclusion would make the Bill much stronger and more effective in defeating age discrimination. We will, therefore, be pushing for an amendment to be added to the Bill as it makes its way through Parliament.”  

The Employers Forum on Age (EFA), comments on the Government’s introduction of a draft Equality Bill proposing a major shakeup of discrimination laws in the UK that will have far-reaching effects for everyone, especially older people. Rachel Krys, director of the EFA said: “We are pleased to see that ageism is now being treated as seriously as sexism and racism.  There is an urgent need to address the massive inequalities faced by older people, particularly in the provision of public services, and with today’s Bill the Government has certainly gone some way to addressing these issues. However we remain to be convinced that such a broad piece of legislation is the right way to achieve the massive social change required to end ageism.  

“Our experience of the introduction of the age regulations has shown us just how complex legislating in this area is.  It is only when employers start implementing the necessary changes that many of the unintended consequences come to light.  We are also concerned that the current proposals to extend the laws on age discrimination to goods and services will require a raft of exemptions, which will result in confusion and detract from the areas that really need focus.  “As this Bill is still in the draft stages, we strongly recommend that the Government uses this time to continue engaging with good employers to ensure they have a real opportunity to make a vital contribution to this debate.”   

According to new research from Zurich, 64% of Britons are considering carrying on working after retirement.  Whilst nearly a third of people are putting off retiring for financial reasons, Zurich’s research also reveals that 34% of people want to stay active in their retirement.  Over a fifth of Britons believe they still have a contribution to make and would consider working. 

Tony Solomon, Business Development Director at Zurich said: “As life expectancy continues to rise and the amount of time people spend in retirement increases, many people are re-evaluating how they will spend their retirement. Besides the financial pressures, having something to get up for makes people feel useful and valued.  Older people have a wealth of experience and wisdom that should be shared.” 

Human Resources news brought to you by theHRDIRECTOR – the only independent strategic HR publication.