Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - United Kingdom of Great Britain and Northern Ireland (Ratification: 1999)

Legislative developments. The Committee notes that the majority of the provisions of the Equality Act 2010, which the Government indicates brings together nine major pieces of discrimination legislation and approximately 100 statutory instruments, came into force in October 2010, with some provisions, including those related to the public sector equality duty, scheduled to enter into force in April 2011. Legislation that has been repealed as a consequence of the adoption of the Equality Act includes the Sex Discrimination Act 1975, the Race Relations Act 1976, the Sex Discrimination Act 1986, and the Disability Discrimination Act 1995.

The Committee notes with interest that the new Act addresses discrimination on the basis of an expanded range of grounds (protected characteristics set out in section 4), namely age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation, a number of which are additional grounds as foreseen in Article 1(1)(b) of the Convention. Discrimination on these grounds is prohibited in access to employment, promotion, transfer, training, terms and benefits, facilities or services, dismissal or any other detriment, as well as occupational pensions; also with respect to contract workers; and in the context of employment services, which include vocational training and guidance (sections 39–41, 55–56 and 61). The Committee also notes that positive action is provided for in relation to recruitment and promotion (sections 158–159). The Act also provides that workers’ and employers’ organizations must not discriminate with respect to membership, benefits, facilities and services (section 57). The Committee notes further that the existing race, disability and gender equality duties have been brought together under the Equality Act, and there is now a single equality duty for public bodies, covering all the protected characteristics listed above, with the exception of marriage and civil partnership (section 149(7)). Pursuant to section 149, a public authority must have due regard to the need to eliminate discrimination, harassment and victimization; advance equality of opportunity; and foster good relations between those who share a protected characteristic and those who do not. It also allows for affirmative action. Pursuant to section 153, a Minister of the Crown, the Welsh Ministers and the Scottish Ministers may by regulation impose duties on a public authority, and section 155 provides for the possibility of imposing duties on a public authority that is a contracting authority in connection with its public procurement functions through regulations. The Committee also notes that the public sector equality duty “does not confer a cause of action at private law” (section 156). The Committee asks the Government to provide information on the implementation of the Equality Act 2010 as it relates to employment and occupation, including practical measures taken, the number and nature of cases brought and the results achieved. Please also provide information on the adoption of relevant regulations under the Act, including with respect to Wales and Scotland. The Committee also requests information on the application and impact of the public sector equality duty, including its application in the context of public procurement, as well as specific information on how the equality duty is monitored and enforced. The Committee also asks the Government to provide specific information on the role of the Government Equality Office, the Equality and Human Rights Commission and the Women and Work Commission in the implementation of the Act. Noting the Government’s indication that it is considering how to implement the new equality duty in a way that is best for business, public bodies and the public, the Committee asks the Government to provide specific information on steps taken in this regard.

Review of Equality Act and austerity measures. The Committee notes from the report of the United Nations Committee on the Elimination of Racial Discrimination (CERD) that in the context of the austerity measures adopted in response to the current economic downturn, the measures envisaged under the Equality Act are under scrutiny, and CERD expresses concern that some of the State’s achievements in the fight against inequality and discrimination are under threat of being diluted or reversed (CERD/C/GBR/CO/18-20, 14 September 2011, paragraph 13). The Committee urges the Government to monitor carefully the impact of the austerity measures on the employment situation of groups particularly vulnerable to the impact of the economic crisis, so as to address effectively any direct and indirect discrimination that may occur in employment and occupation on the grounds set out in the Convention. The Committee further hopes that the Government will make every effort to ensure that the measures envisaged under the Equality Act and progress achieved through previous action taken to address discrimination and promote equality of opportunity and treatment will not be adversely affected by the austerity measures, and asks the Government to provide information in this regard.

Northern Ireland. The Committee notes that the Equality Act is not applicable in Northern Ireland. The Committee also notes from a report of the Equality Commission for Northern Ireland of January 2011, that it considers that as a result of the enactment of the Equality Act, vulnerable and marginalized individuals in Northern Ireland have less protection against unlawful discrimination, harassment and victimization than those in Great Britain, and there is a need to streamline and modernise Northern Ireland equality law. The Commission provides a number of proposals for legislative reform in this context. The Committee also notes that while the Government provides information on the composition of the workforce by religion, no information is provided with respect to the Committee’s previous comments. The Committee has for a number of years raised concerns regarding the Fair Employment and Treatment (NI) Order, 1998, which excludes teachers from the protection against discrimination on the ground of religious belief, thus constituting a hindrance to the equal opportunity and treatment of schoolteachers in Northern Ireland. The Committee again urges the Government to take steps to ensure that the applicable legislation no longer includes the exemption with regard to discrimination against schoolteachers on the ground of religious belief and asks the Government to provide information on any progress made in this regard, as well as information on the following:

(i) the follow-up given to the proposals for legislative reform of the Equality Commission for Northern Ireland, including improving protection against discrimination based on colour or nationality; and

(ii) the implementation of the Race Equality Strategy for Northern Ireland.

The Committee is raising other points in a request addressed directly to the Government.