| From | Equality and Human Rights Commission <[email protected]> |
| Subject | News from the Equality and Human Rights Commission |
| Date | April 2, 2024 8:23 AM |
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News from the Equality and Human Rights Commission
If you have trouble accessing this email, please use the web version [ [link removed] ]
Cymraeg [link removed]
News from the Equality and Human Rights Commission
Tuesday 2 April 2024
Welcome to the Equality and Human Rights Commission's monthly newsletter.
In this edition you will find a summary of our work throughout March 2024, including:
Highlights
Consultation responses
Regulatory action
Parliamentary briefings
Additional updates
Stories shared about racial discrimination at Pontins
[link removed]
Earlier this year we issued Pontins holiday parks with an
Unlawful act notice [link removed] after our investigation found multiple instances of race discrimination against Irish Travellers.
We have since released a video highlighting the story of an individual who experienced race discrimination when attempting to stay at a Pontins holiday park.
We have also published a guest blog from Yvonne MacNamara, CEO of the Traveller Movement, which explores our investigation and discusses the changes that organisations can make to avoid future discrimination.
Watch our video of race discrimination at Pontins [link removed]
Read Yvonne's blog from the Traveller Movement [link removed]
Uber Eats courier wins payout after facing problematic AI checks
An Uber Eats driver has received a financial settlement, following allegations that facial recognition checks required to access his work app were racially discriminatory. We provided funding for the case of Mr Manjang under Section 28 of the Equality Act.
Along with the App Drivers and Couriers Union (APCU) we were concerned by the use of Artificial Intelligence (AI) and automated processes in this case. We were particularly concerned that Mr Manjang had not been made aware that his account was in the process of deactivation, nor provided with a clear and effective route to challenge the technology.
We urge employers to take note of this case in order to safeguard against unlawful discrimination when using automated technologies.
More needs to be done to ensure employers are transparent and open with their workforces about when and how they use AI.
Learn more about our work to support an Uber Eats driver who faced problems with AI checks [link removed]
Read our guidance on the use of artificial intelligence in public services [link removed]
Consultation responses
Our response to the Welsh Government's Strategic Equality Plan
We have responded to the
Welsh Government’s consultation [link removed] on its Strategic Equality Plan 2024 to 2028.
We welcome the Welsh Government’s approach to setting national equality objectives and are pleased to see that the draft plan includes a set of objectives which we previously proposed.
However, there is still more to be done and our response recommends a sharper focus on addressing the persistent inequalities highlighted by our
Equality and Human Rights Monitor 2023: Is Wales Fairer? [link removed] .
We are committed to continuing our work with the Welsh Government, and other regulators, inspectorates and ombuds, to explore these inequalities and work to achieve change.
Read our response to the Welsh Government's consultation on its Strategic Equality Plan 2024 - 2028 [link removed]
Our response to the Department for Education's consultation on gender questioning children
We have responded to the Department for Education’s consultation on its draft guidance on gender questioning children for schools and colleges in England.
We welcome the long-awaited publication of this guidance which represents a step towards providing schools and colleges in England with the practical advice they need.
Our advice focuses on how this guidance can further represent the
Equality Act 2010 [link removed] and the
Human Rights Act 1998 [link removed] , so that it can better support schools to take lawful decisions and avoid discrimination.
Read our response to the Department for Education’s consultation on gender questioning children [link removed]
Our letter to the Ministry of Justice on introducing fees for Employment Tribunals
We have written to Mike Freer, Parliamentary Under Secretary of State at the Ministry of Justice (MoJ), regarding the MOJ’s consultation on the introduction of fees in the Employment Tribunals and the Employment Appeal Tribunals.
The consultation proposes introducing a £55 fee for these employment tribunals. Our letter highlights our concerns over the risk this poses to the right to justice for all, as protected by the common law, Article 6 of the
European Convention on Human Rights (ECHR) [link removed] , as well
UN human rights treaties [link removed] .
Applying fees to court proceedings may impair the rights of all to have a ‘clear, practical, and effective opportunity’ to go to court.
Read our letter to the Ministry of Justice on fees for employment tribunals [link removed]
Regulatory action
Laboratory assistant receives settlement after being fired by employer who alleged he had been radicalised
A student laboratory assistant has received a financial settlement from his former employer, Micropathology Ltd, following allegations of race and religious discrimination.
Waqas Rai was sacked without notice on 31 December 2021. Months after his dismissal, Mr Rai’s former manager was recorded openly discussing the reasons for Mr Rai’s dismissal in a university lecture.
In the video, and in further correspondence the manager stated that he believed Mr Rai had been radicalised.
Mr Rai’s discrimination claim against his former employer was taken to an employment tribunal, but the parties settled before a final hearing. Micropathology Ltd have now committed to carrying out equality and diversity training.
We provided funding and assistance with the case as part of our
Legal support scheme for race discrimination cases [link removed] .
As Britain’s equality watchdog, we will continue to use our unique powers to uphold the law and prevent discrimination in the workplace.
Read our statement on the case of Rai v Micropathology Ltd [link removed]
One year on – our inquiry into adult social care
A year ago, we published the report for
Our inquiry [link removed]: into challenging decisions about adult social care in England and Wales. Social care decisions affect the rights of many disabled and older people. In this inquiry we wanted to find out if people can easily challenge a decision they feel is wrong.
Our inquiry underlined the importance of proper scrutiny of adult social care decision-making and we called on governments and other relevant bodies to act on our recommendations.
Since publishing the inquiry report, several bodies responsible for social care have acted on our recommendations.
Read about our social care inquiry, one year on [link removed]
Monitoring the International Covenant on Civil and Political Rights (ICCPR)
In March 2024 we published a
Report to the UN [link removed] on the state of civil and political rights in Britain highlighting areas of progress and where more needs to be done.
Every eight years, the United Nations (UN) examines the progress the UK has made in fulfilling its obligations under the
International Covenant on Civil and Political Rights (ICCPR) [link removed] . We published our report as part of this review cycle.
While we welcome progress in certain areas, such as action to tackle the intimidation of parliamentary candidates across the UK, and legislative proposals to improve diversity in political representation in Wales, we are concerned about trends in several areas. These include:
Conditions and treatment in prisons and immigration detention
Interference with the right to participate in public life
Restrictions on the right to protest
Undermining the universality of human rights
We urge the UK and Welsh governments to uphold their obligations to ensure the enjoyment of civil and political rights.
Read our report on civil and political rights in the UK [link removed]
Learn more about the International Covenant on Civil and Political Rights on our Human Rights Tracker [link removed]
UN Convention on the Rights of Persons with Disabilities - UK Government examination
We recently attended the examination of the UK Government's compliance with the
UN Convention on the Rights of Persons with Disabilities [link removed] (UN CRPD).
In advance of this examination session, we sent a letter to the UN Committee on the Rights of Persons with Disabilities to inform its inquiry review into the UK.
This letter focused on new information since our
August 2023 report [link removed] , including:
Updates on the National Disability Strategy and the Disability Action Plan
Changes to the Minister for Disabled People’s portfolio
The UK Government’s consultation on reforms to the Work Capability Assessment (WCA)
Potential new powers for the Department for Work and Pensions (DWP) under the Data Protection and Digital Information Bill
We look forward to the outcomes of the Committee’s inquiry follow-up review, which will be published soon.
Read our letter to the UN Committee on the Rights of Persons with Disabilities [link removed]
Learn more about the UN Convention on the Rights of Persons with Disabilities [link removed]
Parliamentary briefings
Data Protection and Digital Information Bill – Committee Stage
Ahead of the Data Protection and Digital Information Bill’s Committee Stage, which was discussed in the House of Lords on Wednesday 20 March, we shared a briefing highlighting our concerns about the clauses under examination. These clauses, 1 – 22, risk weakening individuals' data rights and increasing discrimination, especially where Artificial Intelligence (AI) is used in decision-making.
Our concerns fall into three categories:
Insufficient safeguarding against unfair or discriminatory outcomes from automated decision-making
Weakening of safeguards around personal data rights
A lack of clarity and robustness around changes to Data Protection Impact Assessments
AI is quickly becoming a factor of everyday life. This Bill must do more to protect people from discrimination when AI is used to make significant decisions.
We will continue to advise the House of Lords as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our blog on personal data rights in the Data Protection and Digital Information Bill [link removed]
Read our latest briefing on Clauses 1-22 in the Data Protection and Digital Information Bill [link removed]
Additional updates
New flexible working laws
On Saturday 6 April 2024 new flexible working laws will come into force in the UK for British businesses.
From this date, employees will be able to request flexible working from their first day in a new job. Employers will need to make a decision within 2 months of receiving this request.
We welcome this change in the law as increasing flexible working options benefits everyone, particularly those with caring responsibilities such as parents, older workers and disabled people.
In line with the new legislation, we will be updating the guidance on our website.
Read the Department for Business and Trade’s guidance on how to prepare for the change in flexible working laws [link removed]
Our report on violence against women and girls in England and Wales
We have published our analysis of the UK and Welsh Governments’ performance in upholding the Istanbul Convention.
Under the
Istanbul Convention [link removed] , the UK and Welsh Governments are bound by international law to take action to tackle violence against women and girls. This includes prevention activities, prosecuting those responsible, and safeguarding survivors.
Our report looks at the progress made in protecting women and girls across England and Wales from violence.
We welcome both governments’ ambitious targets to improve women and girls’ safety, as well as their focus on driving improvements and criminalising emerging forms of violence such as cyberflashing, which was included in the
Online Safety Act [link removed] .
There is still work to do to make meeting these targets a reality. Our recommendations are designed to help both the UK and Welsh Governments improve women and girls’ safety so that we can move towards a society where women and girls feel safe going about their everyday lives.
Read our report on the UK’s implementation of the Istanbul Convention [link removed]
[link removed]
[link removed]
[link removed]
[link removed]
Privacy notice [link removed]
Equality and Human Rights Commission Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Update [link removed]
If you have trouble accessing this email, please use the web version [ [link removed] ]
Cymraeg [link removed]
News from the Equality and Human Rights Commission
Tuesday 2 April 2024
Welcome to the Equality and Human Rights Commission's monthly newsletter.
In this edition you will find a summary of our work throughout March 2024, including:
Highlights
Consultation responses
Regulatory action
Parliamentary briefings
Additional updates
Stories shared about racial discrimination at Pontins
[link removed]
Earlier this year we issued Pontins holiday parks with an
Unlawful act notice [link removed] after our investigation found multiple instances of race discrimination against Irish Travellers.
We have since released a video highlighting the story of an individual who experienced race discrimination when attempting to stay at a Pontins holiday park.
We have also published a guest blog from Yvonne MacNamara, CEO of the Traveller Movement, which explores our investigation and discusses the changes that organisations can make to avoid future discrimination.
Watch our video of race discrimination at Pontins [link removed]
Read Yvonne's blog from the Traveller Movement [link removed]
Uber Eats courier wins payout after facing problematic AI checks
An Uber Eats driver has received a financial settlement, following allegations that facial recognition checks required to access his work app were racially discriminatory. We provided funding for the case of Mr Manjang under Section 28 of the Equality Act.
Along with the App Drivers and Couriers Union (APCU) we were concerned by the use of Artificial Intelligence (AI) and automated processes in this case. We were particularly concerned that Mr Manjang had not been made aware that his account was in the process of deactivation, nor provided with a clear and effective route to challenge the technology.
We urge employers to take note of this case in order to safeguard against unlawful discrimination when using automated technologies.
More needs to be done to ensure employers are transparent and open with their workforces about when and how they use AI.
Learn more about our work to support an Uber Eats driver who faced problems with AI checks [link removed]
Read our guidance on the use of artificial intelligence in public services [link removed]
Consultation responses
Our response to the Welsh Government's Strategic Equality Plan
We have responded to the
Welsh Government’s consultation [link removed] on its Strategic Equality Plan 2024 to 2028.
We welcome the Welsh Government’s approach to setting national equality objectives and are pleased to see that the draft plan includes a set of objectives which we previously proposed.
However, there is still more to be done and our response recommends a sharper focus on addressing the persistent inequalities highlighted by our
Equality and Human Rights Monitor 2023: Is Wales Fairer? [link removed] .
We are committed to continuing our work with the Welsh Government, and other regulators, inspectorates and ombuds, to explore these inequalities and work to achieve change.
Read our response to the Welsh Government's consultation on its Strategic Equality Plan 2024 - 2028 [link removed]
Our response to the Department for Education's consultation on gender questioning children
We have responded to the Department for Education’s consultation on its draft guidance on gender questioning children for schools and colleges in England.
We welcome the long-awaited publication of this guidance which represents a step towards providing schools and colleges in England with the practical advice they need.
Our advice focuses on how this guidance can further represent the
Equality Act 2010 [link removed] and the
Human Rights Act 1998 [link removed] , so that it can better support schools to take lawful decisions and avoid discrimination.
Read our response to the Department for Education’s consultation on gender questioning children [link removed]
Our letter to the Ministry of Justice on introducing fees for Employment Tribunals
We have written to Mike Freer, Parliamentary Under Secretary of State at the Ministry of Justice (MoJ), regarding the MOJ’s consultation on the introduction of fees in the Employment Tribunals and the Employment Appeal Tribunals.
The consultation proposes introducing a £55 fee for these employment tribunals. Our letter highlights our concerns over the risk this poses to the right to justice for all, as protected by the common law, Article 6 of the
European Convention on Human Rights (ECHR) [link removed] , as well
UN human rights treaties [link removed] .
Applying fees to court proceedings may impair the rights of all to have a ‘clear, practical, and effective opportunity’ to go to court.
Read our letter to the Ministry of Justice on fees for employment tribunals [link removed]
Regulatory action
Laboratory assistant receives settlement after being fired by employer who alleged he had been radicalised
A student laboratory assistant has received a financial settlement from his former employer, Micropathology Ltd, following allegations of race and religious discrimination.
Waqas Rai was sacked without notice on 31 December 2021. Months after his dismissal, Mr Rai’s former manager was recorded openly discussing the reasons for Mr Rai’s dismissal in a university lecture.
In the video, and in further correspondence the manager stated that he believed Mr Rai had been radicalised.
Mr Rai’s discrimination claim against his former employer was taken to an employment tribunal, but the parties settled before a final hearing. Micropathology Ltd have now committed to carrying out equality and diversity training.
We provided funding and assistance with the case as part of our
Legal support scheme for race discrimination cases [link removed] .
As Britain’s equality watchdog, we will continue to use our unique powers to uphold the law and prevent discrimination in the workplace.
Read our statement on the case of Rai v Micropathology Ltd [link removed]
One year on – our inquiry into adult social care
A year ago, we published the report for
Our inquiry [link removed]: into challenging decisions about adult social care in England and Wales. Social care decisions affect the rights of many disabled and older people. In this inquiry we wanted to find out if people can easily challenge a decision they feel is wrong.
Our inquiry underlined the importance of proper scrutiny of adult social care decision-making and we called on governments and other relevant bodies to act on our recommendations.
Since publishing the inquiry report, several bodies responsible for social care have acted on our recommendations.
Read about our social care inquiry, one year on [link removed]
Monitoring the International Covenant on Civil and Political Rights (ICCPR)
In March 2024 we published a
Report to the UN [link removed] on the state of civil and political rights in Britain highlighting areas of progress and where more needs to be done.
Every eight years, the United Nations (UN) examines the progress the UK has made in fulfilling its obligations under the
International Covenant on Civil and Political Rights (ICCPR) [link removed] . We published our report as part of this review cycle.
While we welcome progress in certain areas, such as action to tackle the intimidation of parliamentary candidates across the UK, and legislative proposals to improve diversity in political representation in Wales, we are concerned about trends in several areas. These include:
Conditions and treatment in prisons and immigration detention
Interference with the right to participate in public life
Restrictions on the right to protest
Undermining the universality of human rights
We urge the UK and Welsh governments to uphold their obligations to ensure the enjoyment of civil and political rights.
Read our report on civil and political rights in the UK [link removed]
Learn more about the International Covenant on Civil and Political Rights on our Human Rights Tracker [link removed]
UN Convention on the Rights of Persons with Disabilities - UK Government examination
We recently attended the examination of the UK Government's compliance with the
UN Convention on the Rights of Persons with Disabilities [link removed] (UN CRPD).
In advance of this examination session, we sent a letter to the UN Committee on the Rights of Persons with Disabilities to inform its inquiry review into the UK.
This letter focused on new information since our
August 2023 report [link removed] , including:
Updates on the National Disability Strategy and the Disability Action Plan
Changes to the Minister for Disabled People’s portfolio
The UK Government’s consultation on reforms to the Work Capability Assessment (WCA)
Potential new powers for the Department for Work and Pensions (DWP) under the Data Protection and Digital Information Bill
We look forward to the outcomes of the Committee’s inquiry follow-up review, which will be published soon.
Read our letter to the UN Committee on the Rights of Persons with Disabilities [link removed]
Learn more about the UN Convention on the Rights of Persons with Disabilities [link removed]
Parliamentary briefings
Data Protection and Digital Information Bill – Committee Stage
Ahead of the Data Protection and Digital Information Bill’s Committee Stage, which was discussed in the House of Lords on Wednesday 20 March, we shared a briefing highlighting our concerns about the clauses under examination. These clauses, 1 – 22, risk weakening individuals' data rights and increasing discrimination, especially where Artificial Intelligence (AI) is used in decision-making.
Our concerns fall into three categories:
Insufficient safeguarding against unfair or discriminatory outcomes from automated decision-making
Weakening of safeguards around personal data rights
A lack of clarity and robustness around changes to Data Protection Impact Assessments
AI is quickly becoming a factor of everyday life. This Bill must do more to protect people from discrimination when AI is used to make significant decisions.
We will continue to advise the House of Lords as the Bill is scrutinised to ensure full consideration of its equality and human rights implications.
Read our blog on personal data rights in the Data Protection and Digital Information Bill [link removed]
Read our latest briefing on Clauses 1-22 in the Data Protection and Digital Information Bill [link removed]
Additional updates
New flexible working laws
On Saturday 6 April 2024 new flexible working laws will come into force in the UK for British businesses.
From this date, employees will be able to request flexible working from their first day in a new job. Employers will need to make a decision within 2 months of receiving this request.
We welcome this change in the law as increasing flexible working options benefits everyone, particularly those with caring responsibilities such as parents, older workers and disabled people.
In line with the new legislation, we will be updating the guidance on our website.
Read the Department for Business and Trade’s guidance on how to prepare for the change in flexible working laws [link removed]
Our report on violence against women and girls in England and Wales
We have published our analysis of the UK and Welsh Governments’ performance in upholding the Istanbul Convention.
Under the
Istanbul Convention [link removed] , the UK and Welsh Governments are bound by international law to take action to tackle violence against women and girls. This includes prevention activities, prosecuting those responsible, and safeguarding survivors.
Our report looks at the progress made in protecting women and girls across England and Wales from violence.
We welcome both governments’ ambitious targets to improve women and girls’ safety, as well as their focus on driving improvements and criminalising emerging forms of violence such as cyberflashing, which was included in the
Online Safety Act [link removed] .
There is still work to do to make meeting these targets a reality. Our recommendations are designed to help both the UK and Welsh Governments improve women and girls’ safety so that we can move towards a society where women and girls feel safe going about their everyday lives.
Read our report on the UK’s implementation of the Istanbul Convention [link removed]
[link removed]
[link removed]
[link removed]
[link removed]
Privacy notice [link removed]
Equality and Human Rights Commission Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Equality and Human Rights Commission
Third floor, Windsor House, 50 Victoria Street, London, SW1H 0TL
Update [link removed]
Message Analysis
- Sender: Equality and Human Rights Commission
- Political Party: n/a
- Country: United Kingdom
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