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1 – 10 of over 23000Zahid Hussain, Lubna Javed Rizvi and Hamid Sheikh
This paper is aimed to fulfil two purposes. First, this paper aims to review the literature and examine step by step evolution of the Equality Act 2010. Second, this paper will…
Abstract
Purpose
This paper is aimed to fulfil two purposes. First, this paper aims to review the literature and examine step by step evolution of the Equality Act 2010. Second, this paper will reflect on the guidelines issued for employers by the Equality and Human Rights Commission to address how to manage the risks arising during the current crisis and as organisations continue with planning for eventual return to the workplace and for those who are currently working remotely.
Design/methodology/approach
This paper has incorporated an integrative literature review reviews approach that aimed to synthesises secondary data about the literature to serve the aims of the paper in an integrated way.
Findings
The introduction of the Equality Act (2010) has made it much more difficult to discriminate against individuals as its coverage is much wider in comparison to any previous legislation. At that point, there were still many exceptions, which permitted discrimination and unequal treatment towards others. Over time, however, the law has become much more strict and developed to counter any discrimination in its attempt to try and eliminate it.
Originality/value
This paper has reflected on both pre- and post-covid developments of The Equality Act (2010) – and discrimination issues for employers.
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Purpose: This chapter considers whether it would be beneficial, and appropriate based on the application of equality law to date, for the UK government to mandate gender equality…
Abstract
Purpose: This chapter considers whether it would be beneficial, and appropriate based on the application of equality law to date, for the UK government to mandate gender equality objectives set by the United Nations as requirements in initiatives aimed at stimulating the economy, specifically the Northern Powerhouse. It considers the success of the Northern Powerhouse and its impact on females in the region.
Method: The data used as a basis for analysis in this chapter were obtained through secondary research. A mixture of quantitative and qualitative data is used, with a heavy weighting towards quantitative information.
Findings: Gender inequality remains a significant issue for females in the United Kingdom. The UK government have implemented the requirements of Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) through a non-prescriptive framework, resulting in specific industries and businesses lobbying for further development. Gender equality was not a specific consideration in the launch of the Northern Powerhouse, leading to challenges in its implementation.
Originality: There has been significant research undertaken on gender inequality in the United Kingdom, however, this chapter is the first to explore the relationship between the requirements of CEDAW and the government initiative, the Northern Powerhouse.
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This paper seeks to discuss the case‐law stemming from the disability equality duty under section 49A of the Disability Discrimination Act 1995, now reformulated as one part of…
Abstract
Purpose
This paper seeks to discuss the case‐law stemming from the disability equality duty under section 49A of the Disability Discrimination Act 1995, now reformulated as one part of the public sector equality duty under section 149 of the Equality Act 2010.
Design/methodology/approach
The paper focuses in particular on the consequences of the case law for the development and implementation of policy relating to the provision of support for disabled people.
Findings
Analysis of the relevant legal principles and individual cases reveals the high standards by which policy‐making will be tested in the courts and the serious consequences of defects in the decision‐making process.
Practical implications
Policy‐makers and those acting on behalf of disabled people will need to pay extremely close attention to the requirements of the equality duty.
Originality/value
The paper highlights the nature of the new public sector equality duty and its growing importance to public authorities and those affected by their decisions in the new financially straitened policy environment.
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Simon Roberts, Bruce Stafford and Katherine Hill
The UK Coalition government introduced a raft of welfare reforms between 2010 and 2015. As part of its response to the financial crisis, reforms were designed to cut public…
Abstract
The UK Coalition government introduced a raft of welfare reforms between 2010 and 2015. As part of its response to the financial crisis, reforms were designed to cut public expenditure on social security and enhance work incentives. Policy makers are required by legislation to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations between different people. This Public Sector Equality Duty is an evidence-based duty which requires public authorities to assess the likely effects of policy on vulnerable groups. This chapter explores the extent to which the Department for Work and Pensions adequately assessed the equality impacts of key welfare reforms when policy was being formulated. The chapter focuses on the assessment of the impact of reductions to welfare benefits on individuals with protected characteristics – age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation – including individual and cumulative impacts. It also considers mitigating actions to offset negative impacts and how the collection of evidence on equality impacts was used when formulating policy. The chapter shows that the impacts of the reforms were only systematically assessed by age and gender, and, where data were available, by disability and ethnicity with no attempt to gauge cumulative impacts. There is also evidence of Equality Impact Assessments finding a disproportionate impact on individuals with protected characteristics where no mitigating action was taken.
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The National Assembly of Wales has powers in 20 devolved policy areas, including education, economic development, health, housing, social services and local government. Given the…
Abstract
The National Assembly of Wales has powers in 20 devolved policy areas, including education, economic development, health, housing, social services and local government. Given the social democrat character of the first three elected assemblies in Wales, Wales would appear well placed to interrupt the reproduction of socio-economic disparities. However, Wales is a relatively poor part of the United Kingdom. In this chapter, we consider economic inequality among the Welsh population set within the policy and economic context. Analysis demonstrates how the Welsh labour market has responded to the economic crisis and how this has affected both inequality within Wales and spatial inequality that exist across the United Kingdom. The development of equalities and anti-poverty policy making in Wales and how these have so far been treated separately in policy are examined. The chapter concludes by considering the possibility for the new and distinct policy levers in Wales in relation to the integration of anti-poverty, employment, economic and equality policies that have the potential to address the combined impact of socio-economic inequalities in the future.
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This chapter explores the Slovenian equal opportunities policy in the context of globalization debates. Focusing mainly on the equal opportunities legislation in Slovenia and the…
Abstract
This chapter explores the Slovenian equal opportunities policy in the context of globalization debates. Focusing mainly on the equal opportunities legislation in Slovenia and the other recent European Union (EU) member states, the aim of the chapter is to reflect upon globalization as Europeanization and as supraterritorialization. Supraterritorial processes, such as the second wave of Western feminist movement established a mutual relationship with feminists in the former Yugoslavia during the 1980s. Feminism and the feminist movement in Yugoslavia and in Slovenia in the 1980s and in the beginning of the 1990s, in particular, represent an important basis for gender equality politics and legislation in Slovenia. Another significant element that contributes to the introduction of gender equality legislation is EU integration. In Slovenia and also in other Central and Eastern European (CEE) countries that recently joined the European Union, the accession played a considerable role in adopting gender equality legislation. Europeanization in the context of equal opportunities policy leads to the homogenization process of standards for gender equality in the EU member states. In terms of legislation in member countries, the Europeanization of gender equality policy is performed as top-down politics particularly in recent member states, such as CEE. Using the example of gender equality policy in Slovenia, this chapter analyzes equal opportunities policy as a concept and as a legal mechanism emerging from the Western tradition, which was directly applied to CEE countries, such as Slovenia, when they joined the EU.
It is a distinctive feature of Scandinavian law that employers, public authorities and others traditionally have had the freedom to take positive action (including discriminatory…
Abstract
It is a distinctive feature of Scandinavian law that employers, public authorities and others traditionally have had the freedom to take positive action (including discriminatory measures as part of positive action) to promote equality between the sexes.
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Starts by stating that women are no longer a marginal group in the Finnish labour market and proceeds to explain recent changes in legislation, attitudes and behaviours, which…
Abstract
Starts by stating that women are no longer a marginal group in the Finnish labour market and proceeds to explain recent changes in legislation, attitudes and behaviours, which have facilitated this situation. Draws on the involvement and insights of the author as a former Equality Ombudsperson for Finland. Concludes that the issue of equal pay for work of equal value remains difficult to resolve although job evaluation schemes are proving helpful. Also identifies areas for further equality.
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The purpose of this paper is to explore attitudes to employment law and the consequent impact of legislation on Irish employment relations practice.
Abstract
Purpose
The purpose of this paper is to explore attitudes to employment law and the consequent impact of legislation on Irish employment relations practice.
Design/methodology/approach
The paper adopts a comparative approach using two separate pieces of employment law governing race equality, and employee information and consultation, respectively. Semi‐structured interviews with key informants are the main data source, augmented in the case of the information and consultation legislation by focus groups in individual workplaces.
Findings
The empirical evidence presented suggests that legislation is not the primary initiator of change. In the case of race equality the market was found to be a key determinant of practice (termed “market‐prompted voluntarism”). However, it is argued that regulation can influence change in organisations, depending on the complex dynamic between a number of contingencies, including the aspect of employment being regulated, the presence of supportive institutions, and organisation‐specific variables.
Practical implications
The comparative findings in this research allow some important inferences to be made regarding the use of law to mandate change in employment relations practice. They, in turn, provide useful lessons for future policy makers, managers, trade unionists and workers.
Originality/value
This paper is unique in its comparison of two separate pieces of legislation. In both cases considered, the legislation was prompted by EU Directives, and the obligation on member states to transpose these Directives into national law. The findings suggest that readiness for legislation, based on length of national debate and acceptance of the underlying concept, can influence its impact. The concept of equality seems to have gained widespread acceptance since the debate provoked by the 1948 Universal Declaration of Human Rights. However, understanding and acceptance of the concept of employee voice has been much less pronounced in the Anglo‐Saxon world.
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Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case…
Abstract
Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case arguments, and legislative enactments. Whilst the former has had limited success, the passage of legislation has proved instrumental, not only in containing the perpetration of discrimination based on protected grounds but also in increasing awareness of the disadvantages which result from the disparate treatment meted out to persons as a result of their immutable characteristics. Disabilities are one such grounds. Where legislation exists, it typically prohibits disparate treatment in relation to persons with disabilities in the areas of employment, education, and the provision of goods and services. This chapter analyses a sample of discrimination cases, with claimants who have alleged discrimination based on their diagnosis of autism or a related disorder within the autism spectrum. These cases are within the United Kingdom and have been decided by Employment Tribunals in England. The cases and decisions are held at the office of the Employment Tribunal Service in Suffolk and are accessible via their online repository. The sample of Tribunal cases presented here relate to various employment practices within British workplaces.
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