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Equal but different

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

Arc Pensions Law—Richard Meers

Arc Pensions Law—Richard Meers

Pensions litigation team announces senior associate hire

Burges Salmon—Neil Demuth

Burges Salmon—Neil Demuth

Firm appoints new chief financial officer

Anthony Collins—Sue Bearman

Anthony Collins—Sue Bearman

Social purpose firm announces director hire plus eight promotions

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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