Equality Act 2010

This Bill was first introduced in the 2008-09 Session.

Main benefits

  • Women – the Equality Bill would shine a spotlight on gender pay discrimination, workplace by workplace, so problems can be identified and action taken, as well as using procurement and reporting to improve equality for women.
  • Older people – with the number of people over 85 set to double in the next 20 years, it is essential that older people are not discriminated because of their age. The Equality Bill would ban age discrimination and place a duty on public bodies to ensure older people play a full role in society and that they are treated fairly.

  • Black, Asian and Minority Ethnic Groups – the Equality Bill would allow employers to choose to take positive action to appoint a person from an under-represented group, provided candidates are equally suitable, and so balance things out if they want to, as well as using procurement and reporting to improve equality.
  • Disabled people – the Equality Bill would, amongst other things, make life fairer for disabled people by protecting people who for example care for a disabled child or relative.
  • Lesbian, gay, bisexual and transgender people – the Equality Bill would put a duty on public bodies to consider the needs of lesbian, gay, bisexual and transgender (LGBT) people when designing and delivering public services.
  • Religion and belief – the Equality Bill would put a duty on public bodies to consider the needs of people who use their services or works for them, regardless of their religion or beliefs.

  • Business – the Equality Bill would streamline the law; distilling nine pieces of legislation and around 100 other measures into a single Act written in plain English to make it easier for individuals and employers to understand their legal rights and obligations.
  • Economy - to sustain our progress towards a strong economic recovery it is imperative that businesses draw on the widest possible talent pool. And not blinkered by prejudice.

Main elements

  • A new public sector duty to narrow the gap between rich and poor.
  • Banning age discrimination outside the workplace; when buying or receiving goods and services like healthcare.
  • Introducing gender pay reports. Public authorities with more than 150 employees will be required to report on gender pay. Businesses with more that 250 employees will be asked to report on gender pay, however if sufficient progress hasn't been made by 2013, legal powers will be used to require it.
  • Putting a new Equality Duty on public bodies to consider the needs of diverse groups in the community, when they design and deliver public services. IT will cover race, disability, gender, and extended to cover age, sexual orientation, religion or belief.
  • Using £200bn worth of public procurement to drive equality in the private sector.
  • Extending the scope to use positive action.
  • Strengthening the powers of employment tribunals.
  • Protecting carers from discrimination.
  • Protecting pregnant women and new mothers.
  • Banning discrimination in private clubs.
  • Strengthening protection from discrimination for disabled people.

Dods commentary

The Equality Bill is one of the most contentious pieces of legislation in this session. Measures that permit employers to take "positive action" to appoint people from minority groups has faced stiff opposition from many quarters.

The Conservative Party attempted to reject the Bill in May, claiming the Bill was "ill-thought-out" and "unworkable".

And the Bill has also faced opposition from some religious groups.

The Catholic Bishops' Conference of England and Wales raised concerns that the Bill would have a "chilling effect" on religious expression.

In a submission to the joint committee on human rights, the conference said the legislation would lead to an increase in local authorities asking for Christmas lights to be removed from domestic properties on the "spurious grounds" that they might offend Muslim neighbours.

Gay rights advocacy group Stonewall has also revealed they will seek to add an amendment to the Bill that will allow religious buildings to hold civil partnership ceremonies.

Business groups are also worries that extra regulatory cost for employers could hinder the economic recovery.

But the Local Government Association (LGA) has expressed support for the introduction of the general public equality duty.

"The existing race, gender and disability duties are all different and impose different obligations with different time scales," a LGA spokesperson said.

"Creating one extended generic duty could help to reduce red tape and minimise unnecessary burdens. While there are genuine differences of political opinion within local government regarding the need for a socio-economic duty, all parties agree that providing services and support for the most vulnerable in our society is a primary role of local government."

As the Bill makes it way through parliament, a report from the World Economic Forum shows the UK has continued to slide down the gender equality league tables.

It places the UK in 15th in the world, down from ninth position in 2006.

The Liberal Democrats believe the Bill is little more than a gesture, and have dismissed it as "high on rhetoric and low on deliverability".

Liberal Democrat equalities spokesperson, Lynne Featherstone told her party conference that the Bill was a "once in a lifetime chance to make a step change in women’s lives".

"But instead of taking the opportunity – perhaps the last opportunity a whole generation of Labour politicians will have to wield parliamentary power – they’ve run scared of anyone who says “boo”, condemning women to hideously unequal pay for another generation," she said.

And the Chartered Management Institute (CMI) has said that the glass ceiling for women remains in place.

A CMI spokesperson said: "The evidence suggests that employers may be mistaking equal pay rises for equal pay but if the focus remains on yearly increases, the arrival of pay parity will never occur.

"Nearly half of employers report that they have lost staff due to poor salaries so there is a real danger that employers will suffer a brain drain if they fail to treat talented staff fairly.”


Progress

House of Commons

1streading: 24 April 2009 (no debate)

Vol I- [HC Bill 85]

Vol II- [HC Bill 85]

2ndreading: 11 May 2009

Committee:

  • 1st sitting: 2 June 2009 (am)
  • 2nd sitting: 2 June 2009 (pm)
  • 3rd sitting: 9 June 2009 (am)
  • 4th sitting: 9 June 2009 (pm)
  • 5th sitting: 11 June 2009 (am)
  • 6th sitting: 11 June 2009 (pm)
  • 7th sitting: 16 June 2009 (am)
  • 8th sitting: 16 June 2009 (pm)
  • 9th sitting: 18 June 2009 (am)
  • 10th sitting: 18 June 2009 (pm)
  • 11th sitting: 23 June 2009 (am)
  • 12th sitting: 23 June 2009 (pm)
  • 13th sitting: 25 June 2009 (am)
  • 14th sitting: 25 June 2009 (pm)
  • 15th sitting: 30 June 2009 (am)
  • 16th sitting: 30 June 2009 (pm)
  • 17th sitting: 2 July 2009 (am)
  • 18th sitting: 2 July 2009 (pm)
  • 19th sitting: 7 July 2009 (am)
  • 20th sitting: 7 July 2009 (pm)
  • Bill as amended in committee: [HC Bill 131]

Report stage: 2 December 2009
3rd reading: 2 December 2009

House of Lords

1streading: 3 December 2009
2nd reading: 15 December 2009
Committee:

  • 1st sitting: 11 January 2010
  • 2nd sitting: 13 January 2010
  • 3rd sitting: 19 January 2010
  • 4th sitting: 25 January 2010
  • 5th sitting: 27 January 2010
  • 6th sitting: 9 February 2010

Report stage: 2 March 2010
3rd reading: 23 March 2010

Ping Pong: 6 April 2010

Royal Assent: 8 April 2010