Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionOpinion

Equality Bill measures could open a can of worms

by Dawn Nolan 30 Jun 2008
by Dawn Nolan 30 Jun 2008

HR legal eagles will need to swap their summer read for some serious Equality Bill swotting, following the raft of controversial new measures announced last week.


The purpose of the Bill is to “strengthen protection, advance equality and de-clutter the law”. However, far from being a definite move in the right direction, equality minister Harriet ‘Harperson’s’ framework document has raised a few eyebrows – in particular with its moves to allow employers to give preferential treatment to female and ethnic minority candidates.


It lacks clarity as to how a business could positively discriminate in a lawful way and, by inconsistently referring to both ‘equally suitable’ and ‘equally qualified’ candidates in describing the positive discrimination test, it raises more questions than it answers.


Lawyers have been quick to warn of potential claims from aggrieved job applicants who feel the employer should have used its discretion to discriminate because their race or gender is under-represented at a particular organisation. Or claims from ‘non-minorities’ who feel they have been passed over for a job.


While many private sector companies have been let off the hook in Harman’s watered-down plans, the headline-grabbing ban on ‘gagging’ clauses around pay and bonuses – being brought in as a move towards greater transparency within organisations – could open a can of worms, with staff being given the green light to compare their wages and challenge those employers who pay them less.


And HR professionals in financial services firms face the unenviable prospect of an inquiry into the 41.5% gender pay gap that plagues the sector.


As always, the devil will be in the detail, with the final Bill itself coming later this year. But employers won’t have long to wait until the next instalment – due next month – which delves into the content of the government’s response to last year’s consultation. In the meantime, HR is left to ponder how some of the currently vague measures will be translated into workable legislation.

Avatar
Dawn Nolan

previous post
Online jobs boards improve service
next post
HR needs to stick to its role as defender of the business

You may also like

Uber has more drivers than ever as worker...

11 Aug 2022

Train conductor unfairly dismissed after ‘black privilege’ comment

10 Aug 2022

HMRC looking to recoup £1.4bn from businesses’ use...

1 Aug 2022

How to create an inclusive workplace for religion

29 Jul 2022

Ministers release guidance to clarify UK employment status...

28 Jul 2022

Underpayment not reported due to ‘fear and insecurity’

25 Jul 2022

‘I’m not an activist: I just want fairer...

25 Jul 2022

Why employers should collect workforce disability data

25 Jul 2022

More than a third of retailers have all-white...

21 Jul 2022

Supreme Court: Holiday pay for part-year staff should...

20 Jul 2022
  • 6 reasons why work-based learning is better than traditional training PROMOTED | A recent Fortune/Deloitte survey found that 71% of CEOs are anticipating that this year’s biggest business disrupter...Read more
  • Strengthening Scotland’s public services through virtual recruiting PROMOTED | This website is Scotland's go-to place for job seekers looking to apply for roles in public services...Read more
  • What’s next for L&D? Enter Alchemist… PROMOTED | It’s time to turn off the tedious and get ready for interactive and immersive learning experiences...Read more
  • Simple mistakes are blighting the onboarding experience PROMOTED | The onboarding of new hires is a company’s best chance...Read more
  • Preventing Burnout: How can HR help key workers get the right help? PROMOTED | Workplace wellbeing may seem a distant memory...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+