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02 October 2008
Issue: 7339 / Categories: Opinion , Public , Discrimination
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Equal but different

Siobhan Atkin doubts whether the Equality Bill will live up to expectations

Harriet Harman, the minister for equality, unveiled the government’s white paper on the Equality Bill in June announcing that it would be “a single statute to replace the complex web of legislation that has grown up over the years, it will make it easier for people to understand their rights and understand their obligations”. The consultation process is set to continue during the rest of this year.

Extending positive action
In the most publicised element of the Bill the government has said it will extend positive action so that employers can take into account, where appropriate, when selecting between two equally qualified candidates, under-representation of disadvantaged groups, for example women and people from ethnic minority communities.

At present, if an employer has two equally good candidates but decides to positively discriminate in favour of a candidate due to an under-representation in its workforce, then this would amount to unlawful positive discrimination. EU law also restricts the scope of positive discrimination and restricts what can

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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