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Vol 25 No 1 Jan/Feb 2020

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Bob HeppleProfessor of Law, University of Cambridge, Mary CousseySenior Associate, Judge Institute of Management Studies, University of Cambridge, Tufyal Choudhury

ISBN13: 9781841131597
ISBN: 1841131598
Published: July 2000
Publisher: Hart Publishing
Format: Paperback
Price: £34.99

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The need for a legislative framework for ensuring equality of opportunity is not seriously questioned in the UK. The present legislation falls short of the standards set by EU law, international human rights law, and the Human Rights Act. In writing this report, the authors set out to develop an accessible and cost-effective legislative framework for ensuring equality of opportunity, and to propose other measures which will promote equal opportunity policies and spur compliance with those policies.

Why a new framework is needed: challenges to the present framework - outdated legislation, the law of the European Union, devolution, the Human Rights Act 1998, summary; the changing face of discrimination and disadvantage: social structure and attitudes, the labour market and unemployment, the gender pay gap, discrimination; changed social and employment practices; towards a new framework. Harmonising legislation and institutions: a single statute? - defects of the present framework, how to harmonise; principles; the concepts of equality and discrimination - direct discrimination, victimisation, knowledge, intention and motivation, indirect discrimination, equality of opportunity, fair participation and fair access, interpretative principles; justification of discrimination - direct discrimination, disability discrimination, genuine occupational qualification, reasonable adjustments, positive action; harassment and bullying; grounds of discrimination - general considerations, specific grounds; harmonising or merging the commissions - a single commission?, structure of a single commission. Changing organisational policy and behaviour: regulatory strategies; duty on public authorities to promote equality - purposes, principles, scope, equality schemes, which authorities and functions?, enforcement; employment equity - lessons from the USA, Northern Ireland, a scheme for Britain; pay equity - introduction, EOC and TUC proposals, the Ontario Pay Equity Act, enforcement of pay equity schemes, relationship of pay equity to individual right, pay comparisons; contract and subsidy compliance - meaning, practice in Britain, Northern Ireland, objections and justifications, restrictions under EC law, proposals. Making procedures and remedies more effective: specialisation and training - a specialist division?, training of chairmen, lay members, the title of ""chairman""; jurisdiction - employment appeal tribunal and county and sheriff courts - transfer of cases to the Employment Appeal Tribunal, county and sheriff court cases; pre-hearing matters - unmeritorious cases, interlocutory hearings, questionnaire procedure, class actions and group litigation, equal pay claims; the hearing - length of hearings, legal help and representation, burden of proof; time limits; remedies - compensation, exemplary (punitive) and aggravated damages, reinstatement and re-engagement, power to make recommendations, interim relief; costs; conciliation, mediation and arbitration. Appendices: findings from employer case studies; legislation; comparison of legislation; consultations and interviews; selected bibliography; research team, advisory committee and panel of experts; working papers.