Commission for Equality and Human Rights sets out programme to increase fairness in UK

A new approach is needed to tackle discrimination and disadvantage in the UK, the final Equalities Review report has recommended.

The inquiry that produced the report, led by Trevor Phillips, chairman of the Commission for Equality and Human Rights, proposes a 10-step programme to help make the UK a fairer, more equal country at ease with its diversity.

It recommends new flexibility for employers to use positive action – which will allow firms to assist people from previously excluded ethnic minority groups to compete on equal terms with other applicants.

Employers will breathe a sign of relief as the report does not argue for positive discrimination.
Phillips said that unless efforts to produce change are drastically stepped up, it could take until 2085 to close the pay gap between men and women; and on current trends, the employment ‘penalty’ facing disabled people may never be eliminated.

The report’s recommendations include:

• a new framework to measure progress towards equality, including an ‘Equalities Scorecard’ which employers can use to get a true picture of equality gaps
• a broader positive duty for public sector bodies to tackle inequality - both as service providers and as employers
• a simpler legislative framework which will enable groups as well as individuals to take action
• a more sophisticated and proportionate enforcement regime, overseen by the Commission for Equality and Human Rights
• targeted action against persistent inequalities in education, employment, health, and crime and criminal justice

The review recommends that the commission, which will become operational in October 2007, should report on progress against the 10 steps to greater equality every three years.

Phillips said: “The past few years have seen inequality reduced in many ways. But as the tide of disadvantage recedes, the rocks of persistent inequality have been revealed. People face inequality in many forms – not only on the grounds of race, gender or disability but also sexual orientation, age, gender identity, and religion or belief.

“They struggle because of outdated attitudes and systemic failures. It will take many years to remove the remaining barriers to equality. In some cases, unless we accelerate progress, it is unlikely that disadvantage will ever be overcome. We have to act now.”

Communities minister Ruth Kelly welcomed the review. “This review makes clear that further progress will not happen without government action – working with others, including communities and businesses, we must remain prepared to take the tough decisions needed,” she said.

“Trevor Phillip’s report rightly challenges us to go further. I look forward to analysing the review in detail and to responding formally on behalf of the government in due course.”

The government response to the review is due in autumn 2007.

This story was published by Personnel Today

Bailiffs face CRB checks and diversity training under Tribunals, Courts and Enforcement Bill

Bailiffs and other enforcement agents will be regulated more strictly under new laws announced this week.

The Tribunals, Courts and Enforcement Bill creates a national framework to regulate all enforcement agents, including bailiffs, who are not Crown employees.

In future, they will all have compulsory criminal record checks, be subject to the same complaints system and all have to hold a certificate issued by a county court judge.

Bailiffs will have to undergo rigorous training to get a certificate, including diversity awareness and handling vulnerable people, the government said.
Under the Bill, enforcement agents who break the law could face a fine of up to £5,000 or damages, as well as suspension or cancellation of their certificate to prevent them continuing to operate.

In the longer term, the government is looking at regulation by an outside body, with the preferred option of using the Security Industry Authority.
The Bill had its third reading in the House of Lords earlier this week and has begun its passage through the House of Commons.

Gay employee wins £120,000 at tribunal after being bullied about his sexuality

A gay employee who lasted just eight days in a job after being bullied about his sexuality has won almost £120,000 compensation.

Jonah Ditton, 32, from Paisley, was sacked as media sales manager for Glasgow-based listings producer CP Publishing after being told he was psychologically imbalanced.

An employment tribunal has awarded £79,937 for pecuniary loss, £10,000 for injury to feelings, £26,081 for the firm’s failure to follow statutory procedures and £5,291 interest.

Tribunal chairman June Cape said: “The conduct of the respondent was high-handed, malicious, insulting and oppressive,” reports the BBC.

“While the claimant was only employed for a short period, the respondent overtly abused and humiliated him on the grounds of his sexual orientation persistently over that period of time,” she added.

Ditton said: “I was truly hurt and upset. I do not feel my sexuality had any bearing on my ability to do my job. They are foul individuals and they should be punished as much as possible.”

Wal-Mart faces $11bn bill in equality battle

The biggest sexual discrimination case in US history advanced against Wal-Mart last week when a top court ruled that more than 1.6 million women could join a class-action law suit.

Legal experts have estimated that Wal-Mart's liability in the case could run as high as $11bn (£5.5bn) and involve as many as two million women who have worked for the retail giant since 1998.

The suit claims female employees were discriminated against in pay and bypassed for promotion, something strongly denied by the company.
US district judge Martin Jenkins ruled that lawyers for the women had enough anecdotal evidence to warrant a class-action trial. He argued that it was "impractical" to have individual hearings for each plaintiff, and planned to use a statistical formula to compensate each of the women.

Wal-Mart had argued that granting the lawsuit class-action status was inappropriate because its 3,400 US stores operated as individual businesses, and issues of pay and promotion were decided on a local basis.

But David Nassar, executive director of campaign group Wal-Mart Watch, said: "Despite Wal-Mart's efforts to stonewall, delay and obfuscate, today's judgment brings us miles closer to justice and vindication for two million victims of the company's immoral and illegal gender discrimination."

Minister for communities Ruth Kelly launches commission to boost diversity in local government

Communities secretary Ruth Kelly has announced the establishment of a new commission to look at how diversity in local government can be improved.
The Councillors Commission will look at ways to better support councillors and encourage more people from a wider range of backgrounds to play a leading role in their communities.

The commission – led by Dame Jane Roberts, a prominent local government figure – will look at what barriers are preventing ordinary people from becoming councillors, and what steps can be taken to get more people involved.

The commission will report to Kelly by November 2007. A recent survey of councillors in England revealed that 96% are white, compared with 2.7% Asian and 0.5% black.

The average age of a councillor is 58, with more than 50% aged over 60. Just 0.3% are under 25, and fewer than 8% are aged under 40.

The commission will consider:

• Working with local business to promote more part-time and flexible working and encouraging employers to value people serving as councillors by providing time off for their duties and recognising their experience.
• Reviewing the time commitments needed to be a councillor and timetables of local meetings.
• Encouraging councils to look at better childcare support Providing better information on how to become a councillor and what the job entails, such as work shadowing schemes, information and awareness campaigns in black and minority ethnic communities.
• Increasing support for councillors to develop the necessary skills for the role and ensure they are retained.

Kelly said: “This is a big task, but I am confident that the commission will provide vital input on how we get the best people for our councils - and the best councils for our people.”

Stonewall publishes guide to preventing harassment of gay employees

Gay rights group Stonewall has produced a guide for employers aimed at stopping the bullying and harassment of lesbian and gay employees.
Bullying: preventing the bullying and harassment of gay employees offers practical advice on how to tackle anti-gay behaviour.

The guide outlines the difficulties gay employees can face when reporting bullying and features practical examples of best practice currently being developed by a range of Stonewall's partner organisations, including telecoms giant BT, global services supplier Accenture, Manchester City Council, the Royal Navy and the Barnado's charity.

Guide author Katherine Cowan said: "Bullying and harassment impacts badly, not just on an individual, but on their colleagues and the wider organisation too. It's estimated that more than two million people in the UK are experiencing bullying at work, which costs the UK economy £1.3bn a year. Our new guide is specifically designed to help employers find practical help for their workplace."

Earlier this week Chris Martin, a gay worker at poultry distributor Parkam Foods, won £17,000 in compensation after a Yorkshire tribunal ruled that the company had failed to tackle homophobic harassment in the workplace.