Equality, a new framework : report of the independent review of the enforcement of UK anti-discrimination legislation

Description

Why a new framework is needed: challenges to the present framework - outdated legislation, the law of the European Union, devolution, the Human Rights Act 1998, summary the changing face of discrimination and disadvantage: social structure and attitudes, the labour market and unemployment, the gender pay gap, discrimination changed social and employment practices towards a new framework. Harmonising legislation and institutions: a single statute? - defects of the present framework, how to harmonise principles the concepts of equality and discrimination - direct discrimination, victimisation, knowledge, intention and motivation, indirect discrimination, equality of opportunity, fair participation and fair access, interpretative principles justification of discrimination - direct discrimination, disability discrimination, genuine occupational qualification, reasonable adjustments, positive action harassment and bullying grounds of discrimination - general considerations, specific grounds harmonising or merging the commissions - a single commission?, structure of a single commission. Changing organisational policy and behaviour: regulatory strategies duty on public authorities to promote equality - purposes, principles, scope, equality schemes, which authorities and functions?, enforcement employment equity - lessons from the USA, Northern Ireland, a scheme for Britain pay equity - introduction, EOC and TUC proposals, the Ontario Pay Equity Act, enforcement of pay equity schemes, relationship of pay equity to individual right, pay comparisons contract and subsidy compliance - meaning, practice in Britain, Northern Ireland, objections and justifications, restrictions under EC law, proposals. Making procedures and remedies more effective: specialisation and training - a specialist division?, training of chairmen, lay members, the title of "chairman" jurisdiction - employment appeal tribunal and county and sheriff courts - transfer of cases to the Employment Appeal Tribunal, county and sheriff court cases pre-hearing matters - unmeritorious cases, interlocutory hearings, questionnaire procedure, class actions and group litigation, equal pay claims the hearing - length of hearings, legal help and representation, burden of proof time limits remedies - compensation, exemplary (punitive) and aggravated damages, reinstatement and re-engagement, power to make recommendations, interim relief costs conciliation, mediation and arbitration. Appendices: findings from employer case studies legislation comparison of legislation consultations and interviews selected bibliography research team, advisory committee and panel of experts working papers.