Equality Acts
Section 64: Commission for Equality and Human Rights
439.This section amends Part 1 of the Equality Act 2006, which makes provision for the Commission for Equality and Human Rights, to clarify the Commission’s remit by removing some of its powers and duties and by reducing the frequency with which the Commission is required to report on progress in society so that its reports capture more meaningful change over time. This section also makes consequential amendments to the Equality Act 2006 and the Equality Act 2010.
440.Specifically, the section makes the following amendments to the Equality Act 2006:
repeals section 10(1) and 10(4) to (7), which imposes a duty on the Commission to promote good relations between members of different groups, and section 19, which gives the Commission powers associated with section 10;
repeals section 27, which enables the Commission to make arrangements for the provision of conciliation in certain non-employment-related disputes;
amends section 12, to require the Commission to monitor and report on changes and developments in society which are consistent with its duties in sections 8 (Equality and diversity) and 9 (Human rights) instead of reporting on changes relevant to section 3. It also reduces the frequency with which the Commission is required to publish a report on progress from every 3 years to every 5.
441.The section also makes further amendments, consequential on these changes, to provisions in the Equality Act 2006 and the Equality Act 2010.
Section 65: Equality Act 2010: third party harassment of employees
442.Following a review of current legislation (sections 65 and 66) remove from the Equality Act 2010 measures which are considered to impose an unnecessary burden on business. The Government consulted on the repeal of these provisions.
443.Section 65 removes the provisions in section 40 of the Equality Act 2010 which make an employer liable for repeated instances of harassment of its employees by third parties, such as customers or clients, over whom the employer does not have direct control, where the employer knows about the harassment and does not take reasonable steps to stop it happening again.
Section 66: Equality Act 2010: obtaining information for proceedings
444.Section 66 removes section 138 of the Equality Act 2010 which provides a mechanism and statutory forms for a person who thinks that he or she may have been unlawfully discriminated against, harassed or victimised to obtain information from the person he or she thinks has acted unlawfully against him or her (that is to say, the potential respondent or defendant).
445.A potential complainant may still seek information from a potential respondent without the statutory procedure and a court or tribunal may consider any relevant questions and answers as part of the evidence in a case.