Legislation
Sex Discrimination
The Equal Opportunities Commission has been seeking judicial review of the Government’s implementation of the amended EC Equal Treatment Directive. The EOC argued that the Employment Equality (Sex Discrimination) Regulations 2005, which implemented the directive, do not go far enough in protecting women from sexual harassment (stated to be too narrow) or pregnancy discrimination and have led to uncertainty to women’s rights during maternity leave.
The High Court has ordered the Secretary of State to inform the EOC how the Government plans to remedy the situation, and on 16 March 2007 Mr. Justice Burton made a court order confirming the unlawfulness of the statutory provisions in question. The Government has agreed with the EOC that the DTI will not appeal the decision, and the Secretary of State will now consider what amended Regulations are needed, and will consult with the EOC before introducing them.
Statutory Dispute Resolution Procedures
The DTI has initiated consultation with a view to abolishing the statutory dismissal and grievance procedures which were introduced in October 2004. Consultation follows a report concerning the efficacy of the Regulations which stated that, while the intentions were sound, the Regulations had “unintended consequences which have outweighed their benefits”.
The Gibbons report recommends measures including:
- the repeal of the statutory dismissal and grievance procedures;
- simplification of tribunal application forms;
- provisions of free mediation services for employment disputes;
- abolition of ACAS’ fixed conciliation periods;
- strengthen the tribunal’s powers to award costs, for instance taking into account the efforts the parties have made to resolve workplace disputes or settle the case.
The DTI consultation seeks views concerning the recommended measures.
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