On 19 November 2012, the government announced that it was “calling time” on equality impact assessments. We understand the Government's view is that equality issues can be properly considered as part of decision making processes without the need for a full impact assessment being undertaken every time. The intention, therefore, behind scrapping the use of impact assessments is to enable policy makers to use their judgement in equality issues, saving necessary time and costs.
However, given that there is no formal legal requirement to produce equality impact assessments in the first place, Cameron’s remarks do not deliver the peace of mind and relief that he had intended. Despite the alleged scrapping of a non-mandatory step, how far will this have any real impact?
There had already been a change in approach by many Local Authorities when assessing equality issues moving from ‘equality impact assessment’ to an ‘analysis of equality’ (under the Equality Act 2010). This was intended to focus attention more on the quality of the analysis and how it is used in decision making, rather than on the production of a tick box impact assessment. Equality analysis is a way of considering the effect on different groups protected from discrimination by the Equality Act. It involves using equality information, and the results of engagement with protected groups and others, to understand the actual effect or the potential effect of functions, policies or decisions. It can help to identify practical steps to tackle any negative effects or discrimination, to advance equality and to foster good relations.
The issue with scrapping the use of Equality Impact Assessments is that public bodies still need to be able to evidence their compliance with the Public Sector Equality Duty under the Equality Act. In addition, we are aware that quite often, the outcomes from such assessments are filtered through to key policies in order to achieve ‘joined up’ thinking. If there is no equality impact assessment we consider Local Authorities will still need to document evidence to demonstrate that they have had “due regard” to the relevant duties to ensure they can defend any judicial review applications made relating to their public sector duties.
For further information on the impact of the announcement on you or your organisation, please contact Kate Watkins on 0121 212 7494 or kate.watkins@anthonycollins.com.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
A long-awaited decision of the Court of Appeal has clarified that a lower standard of proof should apply than previously thought before an Inquest can return a conclusion of suicide.
New regulations come into force on 1 June 2019, amending the Section 21 (s21) prescribed form template for use with assured shorthold tenancies.
In a challenging economic climate with continuing budget cuts and increasing expectations of staff, sickness absence remains an ongoing problem that is important to address.
Social housing providers will routinely have a number of construction projects underway at any one time. It is essential for client teams to understand and avoid key contract management pitfalls.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.