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September 28, 2013 By Constance Hall Leave a Comment

Give your views on how equality is working

 

Equality and diversity managers have their chance to influence government policy as part of David Cameron’s red tape challenge to slimline bureaucracy.

The government is seeking views on how equality legislation is working – and what, if anything, can be changed to improve the law.

The Equality Act 2010 is umbrella legislation that replaced nine major statutes and around 100 sets of regulations aimed at making diversity management easier for business and public sector organisations.

Equalities Minister Lynne Featherstone said: “The Equality Act is here to stay. Fairness and opportunity for all remain at the heart of government. But there is always more we can do to ensure that business is not being strangled by red tape.

Unnecessary rules

“This government is committed to economic prosperity and reducing unnecessary rules and regulations. We want to hear from individuals, businesses, public sector organisations and voluntary and community organisations about how the act is working in practice.

“We want to know whether the act could be simplified, better implemented, or if certain provisions should be dropped or amended, or whether it should be kept exactly as it is.”

For more about the red tape challenge and how to respond, go to http://www.redtapechallenge.cabinetoffice.gov.uk/home/index/

One major change was implemented by Home Secretary Theresa May when she scrapped gender pay reporting measures under section 78 of the act. The government is urging businesses to publish the data voluntarily instead.

Meanwhile, Director of People and Policy at BT, Caroline Waters, has taken up the post as equality champion tasked with mediating the easing of legislation between the government and industry.

Deadline for consultation

The clocking is also ticking on government consultation about reforming the Equality and Human Rights Commission, with the deadline for submissions is June 15, 2011.

The consultation and forms for response are available for download from http://www.equalities.gov.uk/default.aspx?page=1789

EHCR has already published a short response – promising a more detailed document will follow.

The EHRC view is that the government is right to examine the early progress of the commission, but some of the current proposals for change may run counter to equality policy and a broader approach to deregulation and decentralisation.

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Filed Under: Age - Diversity Strand, Disability-diversity strand, Gender-diversity strand, Race and Ethnicity-diversity strand, Religion or belief-diversity strand, Sexual Orientation-diversity strand, Transgender (Gender identity)-diversity strand Tagged With: age, Customer Service, diversity strands, Equality Act 2010, legal case

September 28, 2013 By Constance Hall Leave a Comment

EHRC funds home care test case at Supreme Court

A test case funded by the Equality and Human Rights Commission asking if a local council was justified in withdrawing night care for an elderly woman is before the Supreme Court.

EHRC is looking at the effectiveness of the care and support system provided to older people in their home as part of a wide-ranging homecare inquiry.

In the case, lawyers for Elaine McDonald, a former Scottish Ballet principal ballerina, argue that community care, human rights and disability discrimination confirm that her assessed need should be met.

Ms McDonald needs to use a toilet up to three or more times a night due to a medical condition.

Kensington and Chelsea Council decided that her need was for “assistance at night to use the commode” which could only be met with the provision of an overnight carer.

The council provided the service until her care budget was cut and decided to supply her with incontinence pads instead.

John Wadham, Group Director, Legal, at the Commission, said: “This case will set an important precedent. With an ageing population and budget pressures, care for older people is an issue that is escalating in scale.

“Older people deserve to be treated with dignity and respect. Providing them with the care they need should be a basic right; local authorities should not be able to override that fundamental human right.”

Ms McDonald explained the council’s decision left her lying in a soiled bed for hours on end.

“I feel like the council is penalising me because I want to remain independent and do not want to become incontinent,” she said.

“On the nights when I don’t have a carer I may have to lie in my own urine and faeces for 12 hours at a time, until my carer arrives the following morning. I do not even think that prisoners have to suffer such indignities.”

The hearing is scheduled for two days.

Filed Under: Age - Diversity Strand Tagged With: age, Customer Service, elder abuse, Equality Act 2010, legal case

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