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