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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