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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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