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News from the Equality and Human Rights Commission

Tuesday 1 October 2024

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

In this edition you will find a summary of our work in September 2024, including:

• Highlights
  • Our statement on changes to Winter Fuel Payment eligibility
  • Annual report and accounts for 2023 to 2024
  • Whistleblowing report for 2023 to 2024
• Guidance and advice
  • New guidance: Preventing sexual harassment at work
  • New guidance: Ensuring equality in public services, including in the use of artificial intelligence (AI)
  • New guidance: Hybrid working and reasonable adjustments
• Legal and regulatory action
  • Pontins issue action plan and apology following our investigation
  • Housing association employees win payout in case supported by our race discrimination legal support scheme
• Consultation responses
  • Post-school education and skills reform legislation (Scotland)

Highlights

Our statement on changes to Winter Fuel Payment eligibility

The Public Sector Equality Duty requires government departments to have due regard for how their policies and decisions affect people with protected characteristics. 

As Britain’s equality regulator, we wrote to His Majesty’s Treasury to remind them of their obligation to consider the equality impact of changes to eligibility for Winter Fuel Payments, and to be able to show evidence they have done so.

We are pleased that HM Treasury have now published their Equalities Impact Assessment that was part of the advice provided to the Chancellor ahead of her decision to make changes to the Winter Fuel Payment.

We will continue to monitor and promote compliance with the Public Sector Equality Duty.

Annual report and accounts for 2023 to 2024 

We have published our annual report and accounts for 2023 to 2024.

The report sets out the breadth and impact of our work over the past year to make Britain fairer. It includes:

• forewords from our Chairwoman and Chief Executive looking back over the last year

• performance summary and examples that demonstrate our impact

• information about our accountability and corporate governance

• information about our pay and staff

Whistleblowing report for 2023 to 2024

We have published our annual Whistleblowing report showing statistics on the whistleblowing disclosures we have received between 1 April 2023 and 31 March 2024.

We became a prescribed body for whistleblowing in November 2019. This means that workers who are concerned that their employer is committing breaches of equality and human rights law can report their concerns to us.

Our report includes information about the 211 whistleblowing disclosures we received in the last financial year, whether we took action on them or not, the types of issues people told us about and how many disclosures included employee and employer details.

Guidance and advice

New guidance: Preventing sexual harassment at work

We have published updated guidance for employers on preventing sexual harassment in the workplace.

The Worker Protection Act 2023 comes into force on 26 October 2024. The Act introduces a new legal obligation for employers to take reasonable steps to protect their workers from sexual harassment. It also gives us the power to take enforcement action where there is evidence of organisations failing to take reasonable steps to prevent sexual harassment. 

Our updated guidance will help employers understand the extent and impact of harassment in the workplace and their new obligations under the law. It also includes examples of the practical steps employers can take to eliminate harassment in the workplace, as well as best practice for effective prevention and response.

New guidance: Ensuring equality in public services, including in the use of artificial intelligence (AI)

We have published a new guidance to help the public sector embed equality considerations in their policies, particularly when using artificial intelligence (AI). AI can help deliver services and reduce costs, but it can also perpetuate bias and discrimination if poorly implemented. As the use of AI develops and increases across the public sector, it is vital that organisations understand the risks and their responsibilities.

Our new guidance includes:

• Updated Public Sector Equality Duty (PSED) and data protection guidance. The guidance includes examples of data that can be used as a proxy for characteristics protected under the Equality Act 2010, as well as advice on how public bodies processing such data can comply with the PSED and data protection law (including in the context of AI).

• Case studies which demonstrate how local authorities have thought about equality and have complied with the PSED when commissioning or using AI technologies.

• A 10-step guide that provides practical advice for public authorities in England, so they are clear on how to assess the equality impact of their policies to meet legal requirements and to demonstrate best practice. This complements guidance we have already published for public bodies in Scotland and Wales.

New guidance: Hybrid working and reasonable adjustments      

We have published new guidance to help employers understand their legal obligations and the practical steps they can take to support disabled employees with hybrid working.

The Equality Act 2010 places a duty on employers to make reasonable adjustments, meaning they must take steps to remove, reduce or prevent obstacles faced by disabled staff. Making these adjustments creates an environment where staff can perform more effectively and achieve their full potential.

Our new guidance, which covers recruitment and all stages of employment, is designed for small and medium-sized employers. It explains the law and provides practical tips, such as the use of workplace assessment tools, to identify technology that can help disabled staff who work flexibly.

The guidance also provides conversation prompts to ensure managers foster a culture where reasonable adjustments can be discussed openly

Legal and regulatory action

Pontins issue action plan and apology following our investigation

The holiday park operator, Pontins, has apologised for discriminating against Irish Travellers and has started implementing a new action plan to prevent further discrimination.

In February 2024, we published an investigation into Pontins, serving them an unlawful act notice. Our investigation found 11 unlawful acts which discriminated against Irish Travellers between 2013 and 2018.

The action plan, which was developed with our guidance, will introduce a zero-tolerance approach to discrimination. This includes the removal of the requirement for guests to be on the electoral roll, which was found to be discriminate against gypsies and travellers who are less likely to be on the register.

The actions will focus on the monitoring of booking policies, the introduction of safeguards in systems and processes, a whistleblower action plan and engagement with Traveller communities.

Housing association employees win payout in case supported by our race discrimination legal support scheme

One current and one former employee of London and Quadrant Housing Trust (L&Q) have received a financial settlement totalling £95,000, in a case supported our legal support scheme for race discrimination cases.

An employment tribunal found that Natalie James and Joanna Saine were both discriminated against by their employer when they were overlooked for promotions. L&Q failed to properly consider Ms James and Ms Saine for leadership positions, basing the decisions not to appoint on subjective views. 

The tribunal found that the hiring manager’s appointments were made on a subjective view of who would “fit in”, stating “basing recruitment decisions on subjective views, or gut feelings, increases the risk of stereotypes and unconscious bias coming into play”.

As Britain’s equality watchdog, we will continue to use our unique powers to uphold the law and prevent discrimination in the workplace.

Consultation responses

Responding to the Scottish Government’s consultation on post-school education and skills reform legislation

The Scottish Government are consulting on reform of post-school education bodies who oversee and fund apprenticeships, further and higher education.

We have considered the equality aspects of the proposals for reform and have written a letter to the Lifelong Learning and Skills Directorate. Our letter highlights the Public Sector Equality Duty (PSED) and Scottish specific equality duty (SSDs) requirements around data collection and use, and our work with the Scottish Funding Council on National Equality Outcomes. 

We welcomed the opportunity to respond to the Scottish Government’s consultation and recommended that a Fairer Scotland Duty assessment should be carried out to consider how to reduce inequalities of outcome in relation to this legislation reform.

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