The equality bill has been passed in the last days of the government in the ‘wash up’ period.
The Press Association reported Deputy Labour leader Harriet Harman’s flagship Equality Bill was sent for Royal Assent on 7 April 2010.
MPs approved amendments including protection against discrimination for young mothers and mothers-to-be who are still at school. The injunction on civil partnership ceremonies occurring in religious locations has also been lifted although gay and transsexual people could still be refused jobs by churches.
Disabled employees may benefit from the fact that the equality bill has been passed prior to the dissolution of parliament in the run up to the general election, according to The Employer’s Forum on Disability.
The bill brings lots of equality rules into one – Rachel Dineley of Beachcroft law firm said: "The new law has been a long time coming and the sooner we see the harmonisation of the law in a single act, the better."
She continued: "There is no doubt that the Act will be heavily relied on and tested by employers and employees as soon as it comes into force in October. While many principles will remain the same, the scope of discrimination law will be widened and reinterpreted in a number of key respects. We all know that the devil is in the detail; and employers will fall foul of the law, where the detail eludes them. Many will have their work cut out, putting appropriate measures in place to reduce the risk of claims against them. For example, they will have to take a fresh look at how they cater for disabled job applicants and employees."
But Rachel also added: “Under the Act, the government proposes to extend the positive action regime. Employers would be able to consider, when selecting between two equally qualified candidates, under-representation of disadvantaged groups and appoint the person from the under-represented The merits of these new provisions are highly controversial and some view them as social engineering by the back door."
Susan Scott-Parker, Chief Executive of Employers’ Forum on Disability, said: “There are aspects of the Equality Bill that are good news for employers and disabled people.
“We welcome the banning of pre-employment health questionnaires, which will give employers a good opportunity to check if their recruitment processes are accessible to disabled people. We have advised our members against using them for nearly a decade because they are potentially discriminatory. Just as importantly, members who used them said they were a waste of time and money.
"We are pleased that the basic principles of the Disability Discrimination Act will be maintained. However, we are disappointed that legislation that aimed to simplify equality law has generated a 366-page draft code of practice. We will use our expertise to work with our members and partners to make it easier for employers to navigate the new legislation.
“We look forward to working with our members, partners and government to implement this historic legislation. It is in everyone’s interests – disabled employees, employers and the wider economy – that we work together to get it right.”
The bill will become law before the election but will not start coming into effect until the autumn. See the changes and timetable here.
