| | | Cymraeg |  | 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 |
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| Stories shared about racial discrimination at Pontins | |  |
Earlier this year we issued Pontins holiday parks with an unlawful act notice 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 | | | Read Yvonne's blog from the Traveller Movement | |
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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 | | | Read our guidance on the use of artificial intelligence in public services | | Consultation responses | |
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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 and the Human Rights Act 1998, 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 | |
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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), as well UN human rights treaties.
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 | | Regulatory action | |
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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.
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 | |
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One year on – our inquiry into adult social care |
A year ago, we published the report for our inquiry 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 | |
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Monitoring the International Covenant on Civil and Political Rights (ICCPR) |
In March 2024 we published a report to the UN 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). 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 | | | Learn more about the International Covenant on Civil and Political Rights on our Human Rights Tracker | |
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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 | | | Read our latest briefing on Clauses 1-22 in the Data Protection and Digital Information Bill | | Additional updates | |
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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 | |
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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, 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.
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 | |
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