Coalition embraces Harman’s Equality Act
A range of new employment laws come into force today, as the coalition government implements measures introduced in Harriet Harman’s Equality Act 2010.
Additional powers for employment tribunals, extra protection for disabled people and increased responsibilities for employers to protect staff from harassment by customers are introduced today.
And for the first time those discriminated against because of their carer responsibilities for an elderly or ill person will have the right to launch a claim – even though they are perfectly healthy themselves.
It comes on the same day as the release of Made In Dagenham, the movie starring Bob Hoskins about female workers at the Ford assembly plant in east London who campaigned to demand equal pay.
Their achievement – the Equal Pay Act 1970 – is merged with eight subsequent pieces of legislation to form the Equal Pay Act 2010.
Employment lawyer Alex Bearman of Russell-Cooke Solicitors told politics.co.uk the new law would make it easier for individuals representing themselves in employment tribunal cases.
“To have to dig out multiple pieces of legislation enacted over many years is a much harder task than having it all consolidated within one Act,” he said.
“It’s still going to be a legally complicated task to determine exactly what your rights and obligations are but I think it will be easier than having to look in many pieces of legislation.”
The legislation was among the last laws passed by the Labour government and was championed by Labour’s deputy leader Ms Harman.
Now it has been embraced by home secretary and equality minister Theresa May.
She said: “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.”
The bill also prevents company bosses from banning employees from talking about their pay.
The shift attempts to prevent pay ‘gagging orders’ preventing workers uncovering discriminatory salary packages.
Equalities groups have attacked the government for “watering down” pledges in the legislation, however.
Labour had planned to force companies to reveal pay discrepancies between men and women.
“Rowing back on the requirement for big business to publish and take action on any differences in pay between men and women employees – so to conduct gender pay audits – is tantamount to endorsing the shocking gender pay gap,” Ceri Goddard, Fawcett Society chief executive, claimed.
Businesses said they were concerned by the implications of the new act, claiming it would cost them £189 million in a one-off cost.
The adult national minimum wage has risen to £5.93 an hour and even apprentices are now entitled to £2.50 per hour.
“If private sector businesses are to offset job losses in the public sector, the significant costs of employing people must be reduced,” David Frost of the British Chambers of Commerce (BCC) said.
“As austerity measures start to bite, companies need the flexibility and freedom to boost employment and drive our economic recovery.”
The BCC is calling on the government to avoid passing any new employment legislation over the course of the parliament, predicting laws still in the pipeline will cost UK firms a “staggering” £11.3 billion.
Meanwhile lawyers warned the transitional arrangements from the old equality laws to the new harmonised act posed problems.
“By issuing the implementing legislation so late in the day, and not incorporating all elements of the Act, businesses have been left with a halfway house that will potentially confuse them even more than they already were, and risk protracted legal wrangles in employment tribunals that are already overstretched with a general increase in claims,” Sandra Wallace, head of equality and diversity at law firm DLA Piper, said.
Equality laws ‘baffling tribunals’
Further measures from the Equality Act 2010 are set to come into force from December 1st.
Ms May added: “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.”
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