Institute of Employment Rights Karon Monaghan September 2006
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Institute of Employment Rights Karon MonaghanSeptember 2006
The New Reviews
The Discrimination Law Review
The Equalities Review
Discrimination Law Review
‘assess how our anti-discrimination legislation can be modernised to fit the needs of Britain in the 21st Century. This work will consider
the approaches that are effective in eradicating remaining discrimination but avoid imposing unnecessary, bureaucratic burdens
on business and public services’
Cautious Optimism
Previous Consultations
The Business Lobby
Fundamental Principles
The Equalities Review
Chair, Trevor Phillips
‘a root and branch review to investigate the causes of persistent
discrimination and inequality in British society’.
The Need for Reform
• Complexity
• Anachronistic– Individually focused– Mono characteristic– Formalistic– Assimilationist
• Statistics
Models for New Law
• Identifying the Purpose
• Substantive Equality Model
• Open Textured
• Outcome Focussed
The Protected Classes
• Rigidity
• Atomised
• Socially Insensitive
Equal Pay
• Complexity
• Collective Bargaining
• Pay Audit/Reviews
Statutory Duties
The Existing and New Statutory Duties
Process Driven
Outcome Focussed Duties
Private Sector
Public Procurement
A New Model
The Equalities Review
A ‘Capabilities’ Model
Beware individual ‘responsibility’ and ‘choice’
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