In Northern Ireland we may have started consolidation of equality legislation but we did not finish it. The GB Equality Bill has been a while in the making but it will soon be law. It will impact on anyone who has employees who work in the UK and will doubtless influence the policy makers in this jurisdiction. We asked Michael Black of Cleaver Fulton Rankin solicitors to take a look at what we might expect from the GB bill and how it might impact over here.

The Bill was introduced in April 2009 and has recently completed Parliamentary scrutiny. The Bill aims to reduce 9 major Acts and around 100 Statutory Instruments into a single Act. Whilst it does not extend to Northern Ireland the following aspects of the Bill are among possible future enactments in Northern Ireland:-

* Introducing measures to promote better collection of gender data like equal pay audits;
* Banning age discrimination in the provision of goods, facilities or services;
* Establishing a consolidated definition of indirect discrimination that applies to all “protected characteristics”; and
* Empowering Employment Tribunals to make recommendations for an employer to take steps to reduce the adverse impact of discrimination on any other person besides the claimant.

The Bill has grabbed media headlines with proposals for such measures as the introduction of equal pay reports by employers with 250 or more employees as well as the introduction of multiple discrimination claims. Among the less well publicised proposals include the following:-

* The introduction of positive action to help disadvantaged people have a better chance in gaining employment;
* Greater enforcement powers for Tribunals;
* Statutory protection for women who breastfeed their baby in public; and
* New equality duties for public bodies ensuring they have to consider how to treat people from different groups fairly and equally with a particular focus on removing inequality for people disadvantaged because of their family background or where they were born.

The Government has made it clear that with over £220 billion spent by public bodies every year, suppliers and service providers will be expected to adhere to the new equality agenda within their own organisations otherwise they may be excluded from being awarded public sector contracts.

Perhaps of greatest interest to the local legal profession is the number of significant changes to key discrimination concepts including the introduction of a consolidated definition of indirect discrimination which applies to all protected characteristics and the recognition given to associated and also perceived discrimination. The former protects people such as carers of disabled relatives while the latter applies where individuals are discriminated because it is mistakenly thought they are, for instance, Muslim or gay.

It remains to be seen what our own legislators in Stormont will do in progressing the equality agenda in Northern Ireland. The issue is not high on the political agenda at the moment but with the likes of the Equality Commission pressing for an overhaul of equality legislation it is only a matter of time before similar provisions are being proposed for NI. However, it seems that our counterparts across the water will jump ahead of us with greater statutory probation against unlawful discrimination. Notwithstanding the current lack of political appetite, we will be in the fortunate position to cherry pick the successful elements of the GB legislation once it is implemented later this autumn.

The GB Equality Bill has progressed through the House of Lords. Here is the published Bill after amendments:
http://bit.ly/bUXA5o