The Equality Bill has completed the Report stage in the House of Lords, following a debate on 2 March 2010 at which various amendments were discussed.
The key amendments debated in relation to employment law were as follows:
• An amendment was passed giving the power for ‘caste’ to be included within the definition of ‘race’ at a future date. The Government has recently commissioned research into caste discrimination.
• The proposal for a ‘sunset clause’ to abolish the default retirement age of 65 automatically at the end of 2011 was withdrawn, following an assurance that the Government would take action on the default retirement age ‘as soon as reasonably practical’. The default retirement age is already the subject of an ongoing review by the Government (see our previous news item).
• A proposed amendment requiring a mandatory gender pay audit to be carried out by any employer found to have breached equal pay provisions by a tribunal was withdrawn. The Bill already includes a power to require employers with 250 or more employees to publish information relating to their employees’ pay, although the Government has committed not to use this power until 2013, and then only if insufficient progress has been made on a voluntary basis to reduce the gender pay gap.
• A proposal to make it easier for those suffering from depression to establish a statutory disability, effectively deeming it likely to recur (and therefore a ‘long-term’ condition) if a previous episode in the last five years has lasted six months or more. This proposed amendment was also withdrawn.
The third Reading of the Bill will take place on 23 March 2010, following which the Lords amendments to the Bill will be considered by the Commons, before the Bill can receive Royal Assent. It is still expected that the Bill will become law before Parliament is dissolved for the forthcoming General Election.