Equality Bill

[Employment Law Clinic]

The Government's new Equality Bill was published this morning.

Much attention has been given to the requirement for some businesses - those with more than 250 staff - to publish gender pay gaps. However, this is something of a distraction, as the Government have stated they won't use the clause that requires this for a few years yet (by which time a new government may be in place, and decide against pursuing such action).

Receiving a lot less attention among the 205 clauses & 28 Schedules that make up the Bill, matters of interest to any small business will be:

• allowing positive discrimination for recruitment (dependent on how the final Act is worded, this could potentially mean employers facing tribunal claims because they don't exercise this clause when faced with otherwise equal candidates);
• a ban on gagging orders that prevent employees discussing their pay;
• widening the reach of disability laws.

This law will pose challenges for any small business, and it has far more reaching consequences than simply publishing gender pay gaps.

[Paul Norman]

Useful post. Be sure, this is ill advised as a piece of legislation. Note too, that the comparitive jobs do not have to be all that similar, as proven in the dinner lady case where the male comparitors were doing jobs that were very disimilar. So, Admin Manager, looking after 4 office staff, and Sales manager, looking after 20 staff, could be used - and have been, successfully, in cases of which I am aware.

Now, let's be clear, salaries should be equal. But, even companies that do pay equally staff could fall foul of this legislation.

And, for my part, I will not be exercising positive discrimination in any direction. Best person for the job, legislators, because it is my company and my money.