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Gender Equality Duty

Gender Equality Duty. Sam Smethers, EOC July 11 2007. Gender Equality Duty. A statutory duty on all GB public authorities to have due regard to the need: to eliminate unlawful discrimination (including pay) and harassment to promote equality of opportunity between men and women

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Gender Equality Duty

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  1. Gender Equality Duty Sam Smethers, EOC July 11 2007

  2. Gender Equality Duty A statutory duty on all GB public authorities to have due regard to the need: • to eliminate unlawful discrimination (including pay) and harassment • to promote equality of opportunity between men and women • Came into force on April 6 2007

  3. Obligations Listed public bodies in England must: • Set and implement gender equality objectives, through consultation and information collection • Consult relevant stakeholders, including unions • Have published a gender equality scheme (may include action on gender pay gap – but strengthened when combined with due regard in general duty) • Gender impact assess all current and new policies • Implement the actions within three years • Report against the scheme every year and review the scheme at least every three years

  4. Enforcement • Chapter 4 of the Code of Practice • General & specific duties are legally enforceable • General duty, through judicial review • Both, through compliance notices by EOC/CEHR • But not by individuals in tribunal

  5. Enforcement Likely assessment criteria include: • Information • Involvement • Transparency • Proportionality • Effectiveness

  6. Progress Since April • Developed a two-phase assessment process • Three part strategy – strategic bodies, bodies with poor gender equality records, equal pay in local government • Range of quality – some GES strong, others weaker • Engaging with the voluntary sector and inspectorates • More leadership from central government is required

  7. Voluntary Sector • Important role in putting pressure on public bodies • Should have been consulted in setting objectives • Speaking to vol sec and unions to encourage them to take the GED forward – esp. through GIA process • Created specific guidance for the vol sec • Developed “template letters” • Developing a package linking the GED to VaW

  8. Next Steps - DLR • Concerns about the public sector duty that is proposed - weaker • Lack of any action on equal pay • Consultation ends 4 September

  9. Next steps - CEHR • Takes over from EOC, CRE and DRC on 1st October • Head of legal strategy now in place – John Wadham • Unclear yet on what the CEHR’s enforcement strategy on the duties will be • All to play for

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