Draft Equality Bill Codes of Practice
published
The Equality and Human Rights Commission (EHRC) has
issued consultation
questionnaires to invited legal specialists on two revised draft statutory
Codes of Practice, on Employment and Equal Pay, which are designed to cover the
relevant provisions of the Equality Bill when it comes into force.
The
draft Employment Code
runs to 366 pages and is divided into 12 chapters and one appendix. It covers
discrimination in employment and work-related activities set out in Part 5 of
the Equality Bill. The Code explains
the
protected characteristics of age, disability, gender reassignment, marriage and
civil partnership, pregnancy and maternity, race, religion or belief, sex and
sexual orientation, the different forms of discrimination, harassment and
victimisation that are unlawful and the good practice measures that should be
taken by employers in order to prevent discrimination.
The
draft Code of Practice on Equal
Pay covers the provisions of
Chapter 3 of the Equality Bill
and
the equal pay measures found in Part 5. This draft is 63 pages long. Part 1
deals with equal pay law. Part 2 covers good equal pay practice and guidance
for carrying out equal pay audits.
Both
drafts are based on the Equality Bill as it was introduced to the House of
Lords on 4 December 2009 and clearly some changes may be required depending on
amendments made to the Bill as it progresses through Parliament. The EHRC will also be producing separate practical
guidance notes on the Equality Bill for employees and
employers which assumes no knowledge of the law, which looks to be a very wise
move considering the Codes run to 430
pages in length and one of the aims of the Equality Bill is to simplify and
streamline anti- discrimination legislation.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.