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02 June 2011 / Charles Pigott
Issue: 7468 / Categories: Features , Public , Discrimination , Human rights , Employment
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Signs of retreat

Is the government backtracking on equality duties, asks Charles Pigott

IN BRIEF

  • The latest version of the “quick start” guide to the public sector equality duty has been issued, six weeks after the government’s policy review paper.
  • They signal that the specific duties imposed on public sector bodies in England under the Equality Act 2010 will be less onerous than under previous legislation.

One of the most significant changes introduced by the Equality Act 2010 (EqA 2010) was the introduction of a public sector equality duty which embraced not only the three strands where such a duty already applied (race, sex and disability) but five additional protected characteristics: age, gender reassignment, pregnancy and maternity, religion or belief, and sexual orientation. The duty is set out in s 149 of EqA 2010 and came into effect on 5 April 2011.

Section 149 spells out the matters to which a public authority must have “due regard” in the exercise of its functions, and also makes it clear that the same duty applies

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MOVERS & SHAKERS

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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