Marking ten years of the Equality Act

2020 marks a decade since the implementation of the Equality Act 2010. In October 2010, it replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. The Act helps to make Britain an open, equal and inclusive society where everyone is offered a fair chance in life. 

Whilst we know the journey is far from over, we’re proud of how far Britain has come to protect people from discrimination. From equal pay to same sex marriage, hard won rights have changed the way people can live their lives for the better.

We know the job is not done and that’s why we marking the tenth anniversary of the Equality Act by calling on you to not just celebrate progress to date but to help continue this legacy. The ten-year anniversary of the Act is a key opportunity to engage the public on all that the UK has achieved on equality and on the progress which needs to continue. The Equality Act protects us all from discrimination on the basis of any of the nine protected characteristics identified by UK law: Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex and Sexual orientation.

Over the coming months you’ll see us and our partners using the distinctive Equality Act 10 branding to commemorate the anniversary of the Equality Act, as well as highlighting other key moments of progress on the ongoing path to equality. The branding is free to use for anyone wanting to celebrate the anniversary of the Act – please email [email protected] if you’d like more information. 

Assessing Home Office compliance with the Public Sector Equality Duty whilst implementing hostile environment policies

We are using our enforcement powers to assess how the Home Office considered the impact of its so-called ‘hostile environment’ immigration policies on the Windrush generation. We want to know how and whether the department met its Public Sector Equality Duty (PSED) obligations when developing, implementing and monitoring these policies. These policies required additional proof of immigration status and led to the serious injustices experienced by the Windrush generation and their descendants.

We have now published the Terms of Reference for our assessment, which is being carried out under Section 31 of the Equality Act 2006. Based on the findings of our assessment, and in consultation with individuals affected, race equality leaders and other partners, we will make recommendations to the Home Office. These will be used to inform the Home Office’s policies and procedures in the future. We will complete the assessent by September 2020.

As part of this assessment, we are now receiving the views of representative groups and organisations of Black members of the Windrush generation, as well as affected members of that group, to understand what the Home Office did to understand the impact of its policies and practices and make recommendations to inform the department’s future policymaking.

Police to end controversial data extraction after legal challenge by rape survivors

We welcome the recent announcement by the National Police Chiefs Council that they are withdrawing the current digital data extraction forms controversially used in rape and sexual offence cases. This announcement follows a legal challenge brought by Centre for Women's Justice and funded by us which argued that the use of these forms was unlawful, discriminatory and led to excessive and intrusive disclosure requests.

Last year the National Police Chiefs Council, the Crown Prosecution Service and the College of Policing published guidance on the collection of digital data from the phones of alleged victims of rape or sexual assault. This caused concern that victims were essentially being required to hand over all their personal data before an investigation could proceed.

The Information Commissioner recently published a report on ‘Digital Data Extraction’ which expressed concern that consideration was not being given to proportionality or necessity when requests were made for victims to hand over their full digital data history. The ICO report followed an 18-month investigation, which reviewed a number of different police forces’ procedures for extraction of mobile phone data and found ‘no evidence’ of police officers considering less intrusive alternatives to mobile phone extraction. 

The National Police Chiefs Council have now said that searches of digital devices should not be automatic and will happen only when the investigating officer or prosecutor considers there to be a need to access information to pursue a reasonable line of enquiry.

“Digital data extraction forms are an invasion of privacy at a time when victims of crime are at their most vulnerable. There is no evidence that they are necessary in building a case. As they are predominantly applied to survivors of rape or sexual assault, they disproportionately impact on women and act as a discriminatory barrier to justice.

“We are proud to have assisted in the challenge by two brave claimants who brought this issue to the fore with the Centre for Women’s Justice. We welcome the decision from the National Police Chief’s Council and hope it leads to improving confidence in the justice system on the part of survivors of sexual assault.”

Rebecca Hilsenrath, Chief Executive, Equality and Human Rights Commission

LNER to improve services for disabled travellers

Train operating company LNER has entered into a legal agreement with us to improve its service for disabled passengers.

We funded legal action against LNER from a visually impaired customer who received inadequate support and assistance whilst travelling with the service. Since the conclusion of the legal action, we have been working with LNER to improve how they support disabled passengers to use their trains, with a focus on their Passenger Assist offer.

This agreement, signed by us using our powers under Section 23 of the Equality Act, means that LNER must carry out the changes they have agreed and will be subject to a higher level of scrutiny to ensure that they are not discriminating against disabled passengers. LNER has now said it aims to be the most accessible rail operator in the UK.

Court rules that landlords cannot refuse to let to benefit recipients

In a case funded by us and taken by homelessness charity Shelter (with support from the Nationwide Foundation), York County Court has ruled that a housing agent who refused to let any properties to a single mum who receives housing benefit acted unlawfully, as their policy was indirectly discriminatory against women and disabled people.

This means that private landlords and letting agents must drive out 'no DSS' policies for good, or risk legal action if they continue to bar benefit recipients from renting.

'No DSS' policies put in place by landlords and letting agents prevent recipients of housing benefits from renting properties they could otherwise afford. Women and people with disabilities are more likely to be in receipt of housing benefits and this policy therefore disproportonately impacts those people. 

Fresh perspectives for a new age

In an opinion piece on the future of work, our Deputy Chair Caroline Waters argues that the coronavirus pandemic has shown us that it is possible for successful careers to co-exist with a fulfilling life where we make time for family and friends. And, as we slowly emerge from the pandemic, we have an opportunity to supercharge progress and design a more equitable future for everyone.

Webinar: Ensuring your coronavirus response is inclusive of all – how the Public Sector Equality Duty can inform your actions

Do you work in the public sector in England, particularly in local government or health and social care? Do you want to learn more about using the Public Sector Equality Duty (PSED) to ensure your organisation is practically considering and responding to the needs of people with different protected characteristics as you respond to the COVID-19 pandemic?

Join our free webinar on Wednesday 2 September to hear from representatives from the Equality and Human Rights Commission, the Care Quality Commission and Devon County Council. This session will explore how duty-bearing organisations can use the PSED to ensure that they are practically considering and responding to the needs of people with different protected characteristics, both as they respond to the pandemic and in its aftermath.

These are unprecedented times and there is no one response that is 'right' - our webinar will give you top tips of how to make decisions which take into account the potential impacts on people with different protected characteristics. You'll also hear from colleagues about the practical actions they are taking to uphold equality and human rights in this rapidly changing environment. We also encourage delegates to share their own experiences and expertise. 

This webinar is particularly relevant for colleagues with strategic responsibility for adherence to Public Sector Equality Duty and/or Equality & Diversity experts working in local or regional authorities or in health and social care settings in England. It may also be of interest to representatives from central government and other local or regional public sector organisations, as well as those from private and not-for-profit sector organisations who deliver services for public bodies. This session is aimed at organisations working within England, as requirements differ for those who operate in Scotland or Wales.

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