Brian Gegg

EHRC Business Plan released

The Equality and Human Rights Commission (EHRC) has published its Business Plan 2024 to 2025. This identifies the EHRC’s priority areas for 2024 / 25, in line with the goals set out in its 2022 – 2025 Strategic Plan. Key areas include preparing for the new duty to prevent sexual harassment; tackling discrimination in the police, armed forces, and fire service; upholding freedom of speech; and developing a regulatory approach to AI which encompasses bias and discrimination in AI recruitment systems and police use of facial recognition technology. The EHRC also intends to review and update its guidance in all areas, including consulting on and refining the EHRC Code of Practice for Service Providers, and to develop its next Strategic Plan for 2025 to 2028. 

Consultation on use of Gender Recognition Certificates

On 1 May 2024, the government issued an eight-week call for input seeking examples of policies or guidance issued by public bodies or by firms that advise private and public organisations that wrongly suggest that people without a Gender Recognition Certificate (GRC) have a legal right to access single-sex spaces and services according to their self-identified gender. Under the Equality Act 2010, where certain conditions are met, service providers can legally provide single- and separate-sex services or facilities, including toilets and changing rooms, which may exclude transgender people of the opposite biological sex who do not have a GRC. Where justified as a proportionate means of achieving a legitimate aim, they may also be able to exclude transgender people with a GRC. The call for input aims to help the government understand how organisations are interpreting the law on the provision of single-sex spaces and services in England, Scotland, and Wales. 

Women and Equalities Committee Report on learning disabilities and autism

On 21 May 2024, the Women and Equalities Committee published a report on inequalities in healthcare and employment for people with learning disabilities and autistic people. This notes that they face the widest employment gap of all people with disabilities and that the disability pay gap continues to widen, with disabled workers more likely to work in precarious employment and nearly 69% earning less than £15 an hour. The Committee makes a number of recommendations for the government, including publishing a new disability employment plan with a specific target for people with a learning disability and autistic people; ensuring that the Disability Confident and Access to Work schemes are helping employers with recruitment and support; and exempting people with a learning disability and autistic people who do not have an Educational, Health and Care Plan from the maths and English skills requirements for apprenticeships. 

Employment Appeals Tribunal Protocol on remote hearings

The EAT has issued a Remote and Partially Remote Hearings Protocol which reflects updated practice on remote hearings. The Protocol notes that unless otherwise directed by the Registrar or a judge, all EAT hearings will be in-person, but that either party can apply for a wholly remote hearing or to join a hearing remotely. Practical instructions include how to participate in a partly or fully remote hearing, how to provide details of who will attend, and how to provide documents. The Protocol also covers the procedure for members of the public or the press to participate. Audio, video or photographic recording of remote EAT hearings is not allowed by participants or observers and would amount to contempt of court. 

Government consultation on changes to TUPE and European Works Councils

On 16 May 2024, the government published a consultation on proposals to make further amendments to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and to abolish the legal framework for European Works Councils (EWCs). The proposed changes to TUPE include amending the definition of employee to ensure that workers are excluded from its scope. This follows the Employment Tribunal ruling in Dewhurst v Revisecatch Ltd that some workers would fall within TUPE’s current definition of employee, which is looser than that in other employment legislation. Another proposed amendment would clarify that employment contracts may only be transferred to one employer, not split between multiple transferee employers. This change arises from the ECJ’s ruling in ISS Facility Services v Govaerts which held that it is possible for an employee’s contract to be split and transferred to two or more different employers. It is proposed that the employer taking over the business or service would be required to agree who will be responsible for each employee’s contract, although there is no suggested mechanism to deal with a situation where agreement cannot be reached. The consultation also proposes repealing the current legal framework for EWCs, including repeal of the requirement for multinational employers to maintain legacy EWCs after Brexit. This consultation was due to close on 11 July 2024 and it is unclear how it will be affected by the outcome of the general election. The Labour Party has stated that it will strengthen protections under TUPE, so it is possible that future changes will go further than these proposals.