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CIPD Annual Conference 2015 Employment Law and Diversity

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Presentation on theme: "CIPD Annual Conference 2015 Employment Law and Diversity"— Presentation transcript:

1 CIPD Annual Conference 2015 Employment Law and Diversity
Tony Hadden, Partner

2 Not a technical talk about discrimination law – this is social policy……
“An Act to…require Ministers…when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities… to reform and harmonise equality law…. to increase equality of opportunity…. to amend the law relating to rights and responsibilities in family relationships… Equality Act 2010

3 A wee experiment….. The Brodies man.....

4 Employment law areas of influence
Individuals Macro-Policy Institutions

5 Individuals Prohibition of discrimination in the workplace is now contained in the Equality Act 2010. Discrimination is always based on a “Protected Characteristic” – usually the victim’s (except when it’s not).

6 Individuals – the protected characteristics
Age Race Sex Disability Religion or belief Sexual orientation Gender re-assignment Marriage/civil partnerships Pregnancy/maternity

7 Individuals – Types of Discrimination
Direct discrimination Indirect discrimination Discrimination by association Victimisation Harassment Third party harassment Disability-specific

8 Institutions - Equal Pay
Equal treatment in T&Cs of employment contract if employed to do: ‘like work’ i.e. the same/broadly similar work rated as equivalent under job evaluation study work of equal value (skill, effort or decision making) Covers all aspects of pay and benefits e.g. overtime, bonus & pension Defence – difference due to ‘material factor’ Equal pay audits

9 Institutions – Latest Family-Friendly Rights
Shared Parental leave: babies due on or after 5 April 2015 can share 50 weeks’ leave (taken together or at different times) can take leave in 3 blocks can request discontinuous leave can take 37 weeks’ shared parental pay – same as SMP except first 6 weeks 20 SPLIT days per parent Right to unpaid time off to accompany women to ante-natal appointments: 2 appointments max 6 ½ hours per appointment

10 Macro-Policy – focussed on gender issues
Women make up: 22.8% of FTSE 100 boards 17.4% of FTSE 250 boards Scottish Government proposal to introduce 40% quota for public boards Smith Commission has proposed devolution of power to introduce gender quotas in public bodies Existing public sector duties etc

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