Trouble brewing over Equalities Bill proposals

 The government will have an uphill struggle persuading businesses to embrace the proposals for the Equalities Bill, lawyers predict.

Proposed measures for the Bill, which is expected to be published in October, would allow employers to discriminate in favour of female or ethnic minority job candidates and ban contractual prohibitions on staff discussing pay with each other.

Pinsent Masons partner, Ashley Norman, says: “Unless there are clear guidelines as to how a business could positively discriminate in certain circumstances, businesses will probably continue as normal.”

Rachel Dineley, employment partner at Beachcroft LLP says: “The government will need to ensure the amendments to the existing law don’t simply create uncertainty, with a whole raft of new questions around the possible interpretations of key wordings.”

She says one of the most significant anticipated changes is the requirement for all public sector bodies—and those firms with public sector contracts—to publish figures showing the gender pay gap.

“Although they will not need to publish actual figures—just the percentage difference—this could have an enormous impact on employers as it will create extra work at a time when resources may already be stretched, and may well cause tensions in the workplace.”

She says the age discrimination proposals could significantly affect healthcare and insurance provision.

“The refusal of some types of cover simply on the basis of age may become a thing of the past. However, higher insurance premiums for older people will continue to be allowed where justified.

“…the new Bill may go much further than originally expected, in requiring the provision of expensive treatments to the elderly where these have previously been refused, on the grounds of their age. This is likely to present the medical profession with difficult ethical dilemmas, where funds and resources are limited and choices between patients have to be made and priorities determined.”