Peta Fluendy is employment law consultant at Sutton based De Brett and Co’s
http://www.iambeingfired.co.uk/
A faint question mark has appeared over the implementation of the Equality Act. The Act, which became law in April, was due to start taking effect from October.
There is nothing definite to say it will not, but the Government Equalities Office (GEO) was forced last week to respond to rumours that implementation of the act will be delayed.
A GEO statement helpfully said “The provisions in the Equality Act will come into force at different times.” This it explained would “allow time for the people and organisations affected by the new laws to prepare for them.”
As to when implementation would start it said simply “the Government is currently considering how the different provisions will be commenced so that the Act is implemented in an effective and proportionate way.”
The GEO added that it would continue acting as though the changes are still going to come in from October. With this tight time frame in mind, it has started a consultation about discrimination questionnaires and given anyone interested less than a month to comment.
What on earth is a discrimination questionnaire and should anyone be interested in the consultation?
It is not a good thing when a company receives a questionnaire from an employee or an ex employee. It is not usually about Christmas present preferences for the boss. A questionnaire is an early warning of a discrimination claim and the shape it will take.
It has long been the case that aggrieved staff can download different questionnaires from various government departments via the internet – depending on what type of discrimination they are alleging.
These are sent to employers either before a tribunal claim is lodged or within 21 days after a claim is lodged. The questionnaires can ask employers various things such as pay scales or other terms and conditions for other staff. The answers are used by the potential claimant to decide whether to proceed with a discrimination claim.
Employers can ignore questionnaires. This is a daft response, however, because the tribunal can draw adverse inferences from a refusal to answer questions or evasive replies.
The Equality Act has always been sold as a major streamlining of scores of different discrimination acts, statutory instruments and regulations.
The consultation about questionnaires is the first tangible evidence of how the Equality Act will simplify the workload for those dealing with discrimination claims. There will now be just two discrimination forms to choose from – one for Equality of Terms claims, which is for equal pay and conditions claims and the other for all other discrimination claims. This will mean one form for the discrimination against any of the nine protected characteristics.
It is worth looking at the consultation documents, which can be found here (http://www.equalities.gov.uk/news/new_streamlined_procedure_for.aspx) because there is a useful summary of how the new Act will work in practice in the guidelines that accompany the proposed questionnaires. Those that take part in the consultation will also be asked for their views on the complexity of the forms and whether they believe professional advice will be needed before they can be filled in.
Anyone with an interest in keeping employment law fees down should look.
Tags: employment law, Equality Act
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July 9th, 2010 at 10:48 amThe Equalities Bill is back on – « FMWF says:
[...] Last month the GEO seemed uncertain about implementation dates of the Act. The uncertainty about when the Act will be implemented Act is over. It will definitely be October of this year. [...]