The government has revealed a green paper that could bring about the ‘biggest ever shake-up of the laws underpinning diversity’, it has been claimed.
Earlier this week, the government announced its Discrimination Law Review (DLR), which is seeking views on proposals such as a Single Equality Bill, to simplify and improve existing legislation and modernise discrimination law.
Discrimination law is currently contained in nine major pieces of legislation, and this can act as a barrier to fairness, the government said.
The review is good news for businesses, said Sue Ashtiany, head of employment at law firm Nabarro, non-executive director of Channel 4 and commissioner for the Equal Opportunities Commission.
She said: “Businesses are looking for simplicity. Discrimination law is getting very complex, so this review is a good time to put forward their thoughts and make a case for streamlined work rather than legislation for the sake of it.
According to Ashtiany, businesses are going on a diversity drive, but she warned that lots of positive action measures are currently unlawful.
“Lots of companies now want to be able to take action to remove disadvantage but don’t know how to do it without breaking the law because there’s not much scope for legal positive action.”
“For example, it is usually unlawful to favour women or ethnic minorities in recruitment promotion and job opportunities but that's just what employers often want to do.
“In the DLR there are some interesting ideas being floated about letting such businesses do more without being at risk of litigation.”
“So whether the concern is to avoid complicated and unnecessary claims or to ask for incentives for - say- agreeing flexible working, this is the opportunity to join in and tell the government what you want.”
© Crimson Business Ltd. 2007
