Enforcing the law
The Equality Act sets out how the employment or special needs tribunals and courts operate in this area and the rules for out-of-court settlements. The Government is looking at the case for reforming compensation for discrimination awarded by employment tribunals as part of its ongoing review of employment law. Click here to view details of the Government’s recent consultation on resolving workplace disputes (opens in a new window)
The Act mainly brings together what was in previous law, but also widens the power of employment tribunals to make recommendations when an employer has been found guilty of discrimination. This means a tribunal can now recommend that such an employer takes action which would benefit employees other than the person discriminated against, who may no longer work there. Such recommendations are not enforceable.
The Equality and Human Rights Commission is the institution charged with encouraging good practice on equality and diversity and enforcing equality law in Great Britain. It can issue Codes of Practice and guidance to help businesses and others comply with the law and improve their equality practice. It also has enforcement powers. The Government recently published a consultation paper setting out proposals for refocusing the work of the Commission on its core role as a strong, modern equality regulator. Click here to view Government’s proposals for refocusing the work of the EHRC (opens in a new window)
Tell us what you think should happen to these measures and why, being specific where possible
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
I find it unsatisfactory that an action brought by Unison to the Employment Tribunal on behalf of some members affected by a unilateral change of conditions, resulting in restoration of their status, compensation and a payment to the Union was not ordered to apply also to other workers belonging to a different Union who were affected in exactly the same way by the imposed change of conditions. In other words, they were penalised for belonging to the ‘wrong’ union.Comment Tags: Equal treatment by employment tribunals