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16 November 2011 / Hle Blog
Issue: 7490 / Categories: Blogs
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Equality off balance

HLE blogger Declan O’Dempsey considers the behaviour of the government over the equality duties under the Equality Act 2010

"Do we consider equality of opportunity to be a fundamental value of our society? Looking at the behaviour of the government in relation to the equality duties under the Equality Act 2010 (EqA 2010), one might be tempted to think not.

In the recent attempt at dismantling the effectiveness of the public sector equality duties under the EqA 2010, two approaches have been adopted by the government. One is the straightforward use of power. The EqA 2010 permitted a government to make regulations on the approach that certain public authorities would have to adopt in relation to the public sector equality duties. The government decided that authorities should not be “burdened” with the requirement to publish the volume of information that the previous government had required them to produce in order to demonstrate that they were complying with the public sector equality duty.

Instead, the government stated that the emphasis would be on authorities being ‘transparent’ about the way in which they were complying with the duty. A piece of red tape burnt quietly on the bonfire, and the regulations that were produced required these authorities to set an objective but did not require them to take any particular steps in pursuit of that objective. They would be judged, it was argued, on the same basis as any other public authority: had they had due regard to the equality objectives contained in s 149 of EqA 2010?

The second line of attack is rather less straightforward. It is a kind of ‘nudge’ approach to the application of laws by administrative bodies. Thus Eric Pickles’s aphoristic best value guidance suggested that local authorities should not feel obliged to gather diversity data concerning service users...”

Continue reading at www.halsburyslawexchange.co.uk

Issue: 7490 / Categories: Blogs
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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