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News from the Equality and Human Rights Commission

Friday 1 March 2024

Welcome to the Equality and Human Rights Commission's monthly newsletter.

In this edition you will find a summary of our work throughout February 2024, including:

• Highlights

• Our consultation responses

• Our regulatory action

• Additional updates

New guidance for employers: menopause in the workplace

We have published new resources to help employers understand their legal obligations to protect and support employees going through the menopause.   

Workers who are experiencing menopause may be protected from less favourable treatment because of their symptoms, on the grounds of age and sex. 

Additionally, if menopausal symptoms have a significant and persistent impact on a woman’s capacity to engage in her routine daily activities, they may qualify as a disability.  Under the Equality Act 2010, an employer will be under a legal obligation to make reasonable adjustments and to not discriminate against the worker.  

Our new guidance aims to clarify these legal obligations and provide practical tips for employers on making reasonable adjustments and fostering positive conversations about the menopause with their workers.

We hope that this guidance helps ensure every woman going through the menopause is treated fairly and can work in a supportive and safe environment.

Our consultation responses

Our response to the Senedd's Inquiry into Dignity and Respect

At the end of January, we responded to the Senedd Inquiry into Dignity and Respect.

Our response highlighted the need for parliaments and political parties to be at the forefront of creating an exemplar environment for those working within them.

Part of ensuring respect and dignity in the Senedd is to encourage action in political parties to meet their obligations under the Equality Act 2010 to eliminate unlawful discrimination, harassment and victimisation.

In our response we referred to our Technical Guidance on sexual harassment and harassment at work and the importance of making policies more robust.

 We will monitor the response to our recommendations during this inquiry.

The Coronavirus Recovery and Reform (Scotland) Act 2022: criminal justice measures

We have responded to the consultation to make permanent some of the criminal justice measures, from the Coronavirus Recovery and Reform (Scotland) Act 2022.

Maximising the use of technology should not restrict the use of processes and procedures that are more appropriate for people with protected characteristics.

Our response sets out why criminal justice procedures in Scotland must be inclusive and makes recommendations to ensure that legislation, to make certain digital processes permanent, reflects relevant equality issues.

Our regulatory action

Our investigation into racial discrimination in Pontins

We have served Pontins holiday parks with an unlawful act notice following an investigation launched in May 2022. Our investigation found multiple instances of race discrimination against Irish Travellers. We have published these findings in our report.

Pontins, owned by Britannia Jinky Jersey Limited, was found to have committed several breaches of the Equality Act 2010.

We remain concerned about Pontin's current terms and conditions, which still includes electoral roll checks. We have found these terms to be discriminatory towards Gypsies and Travellers.

Now that we have issued Pontins with an unlawful act notice they must, by law, produce an action plan to set out how they intend to meet our recommendations.

This action plan must be produced by 5pm on Tuesday 9 April 2024.

Landmark ruling for student who had anxiety

Last week, the High Court ruled that the University of Bristol failed to make reasonable adjustments for Natasha Abrahart, a 20-year-old student who had depression and social anxiety.

The court also found that she had been indirectly discriminated against based on her disability.  

As Britain’s equality regulator, we intervened in the case to provide neutral and authoritative guidance and assist the Court as it made its judgment.  

We urge all further and higher education providers to take note of our technical guidance on the provisions of the Equality Act 2010. 

Successful legal intervention for an Irish Traveller after he was refused entry to a pub in Cardiff

We recently announced our involvement in a race discrimination case involving an Irish Traveller who allegedly faced discrimination. The incident occurred when a pub in Cardiff refused to host his daughter’s christening because he belongs to the Traveller community.

Following a claim for direct discrimination on the grounds of his race, the Three Horseshoes pub agreed to settle with the claimant. We provided support for this case through our legal support scheme for race discrimination cases.

Every business providing a service to the public should understand their responsibilities under the Equality Act 2010 to protect their customers and staff from discrimination based on a protected characteristic.

Additional updates

Parliamentary event on children's rights

We hosted an event at the House of Lords to raise awareness of the recent recommendations made to the UK from the Committee on the Rights of the Child (UNCRC).

This event, which was organised with support from UNICEF UK and the Children’s Rights Alliance for England (CRAE), aimed to prompt parliamentarians and civil society organisations to take effective steps in implementing the UNCRC’s recommendations.

Since publication of the UNCRC’s recommendations in June 2023, there has been insufficient parliamentary scrutiny of the Government’s response.

We urge the Government to take action to ensure a society where all children and young people in Britain have equal opportunities.

The Care Quality Commission's draft guidance on visiting care homes, hospitals and hospices

We have responded to the Care Quality Commission (CQC) on their guidance to accompany the new fundamental standard on visiting and accompaniment in care homes, hospitals and hospices. 

Visits from friends and family can have a significant impact on wellbeing for those in hospitals, care homes, or other care settings. Better facilitation of visiting – particularly in long-term residential settings – can also help support transparency which reduces the risk of poor care and abuse.

We welcome this action from the CQC but recommend that they strengthen their guidance to ensure it accurately reflects the requirements placed on providers under the regulation. 

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