Wed 28 Aug 2024

Summer Equality News Round-Up

We cover recent equality related news that you may have missed.

King's speech

As expected, there was plenty for lawyers and people managers in the King's Speech on 17 July. Some clarity was provided on the content of the much-hyped Employment Rights Bill. As well the strengthening of a number of broader employment rights we can expect to see the introduction of protection from dismissal for a period of six months after a return to work for women who have had a baby and the removal of the qualifying service period for parental leave. Flexible working is to become the default from day one for all workers "as far as is reasonable" and the lower earnings limit and waiting period for statutory sick pay are to be removed. The Draft Equality (Race and Disability) Bill is also to be introduced with the intention of introducing mandatory ethnicity and disability pay gap reporting for large employers as well as the right to equal pay for ethnic minorities and disabled people. Both pieces of legislation will be subject to the scrutiny of the Houses of Parliament, and some proposals will also require consultation and then possibly secondary legislation prior to being brought into force and/or statutory codes of practice. For more on this see our blog on The King's Speech - no surprises but some clarity on employment law related legislative priorities.

Definition of "woman" removed from Gender Representation on Public Boards (Scotland) Act 2018

Following the outcome of litigation earlier this year the Gender Representation on Public Boards (Amendment) (Scotland) Act 2024 has come into force. It repeals the definition of "woman" that had been contained in the Gender Representation on Public Boards (Scotland) Act 2018 ("the 2018 Act"). As no alternative definition has been included, the amendment means that for the purposes of the 2018 Act woman has the same meaning as is set out in the Equality Act 2010. For more background to this emotive issue see our blog Gender recognition certificate changes a person's sex for purposes of the Equality Act 2010. 

EHRC draft three-year strategic plan open for consultation

The Equality and Human Rights Commission has published its draft strategic plan for 2025 - 2028. A public consultation on the plan has also been launched and will continue into October 2024. The EHRC has identified three key areas of emphasis for the consultation where it believes it's unique powers could lead to improvement and long-term change. These are Work; Participation and good relations; and Justice and the balance of rights. Views are invited on which issues should be prioritised and how the greatest possible impact can be achieved. The consultation can be accessed at Strategic Plan 2025-28 Consultation.

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