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25 February 2021


February news from the Equality and Human Rights Commission


Championing the rights of people living in residential care


From the early days of the pandemic response, we’ve been vocal when we’ve seen threats to equality and potential breaches of human rights. One issue we have been particularly concerned to highlight is the restrictions placed on care home residents having visits from loved ones.


In October we published a briefing [link removed]  advising Government, regulators, local authorities and care providers to take urgent action to put equality and human rights laws at the heart of the COVID response. We've repeatedly advised that blanket bans on visits to care homes should be replaced by individual risk assessments, which consider the full range of human rights of care home residents and take account of differing circumstances.


We wanted to put a human face on this issue, which is why we've produced a series of short videos sharing the stories of some residents and their families. Our short films show not only the difficulties that families have faced but also the ways in which, despite challenging circumstances, some care homes have found innovative ways for residents to still spend time with their loved ones.


We were pleased that the Government recently changed its visiting guidance in England to allow meaningful, safe visits from one visitor from 8th March. But we can’t be complacent that everyone will follow this guidance. We need adequate PPE and regular COVID-19 testing to make this a reality for everyone.


Watch the videos [link removed]


Gender pay gap enforcement to start in October


Unlike last year, when enforcement of the Gender Pay Gap regulations was suspended, we have announced that this year employers will face enforcement action if they do not report their data. This means that any organisation which employs over 250 members of staff must publish information about their gender pay gap.


However, in light of the challenges currently facing many employers, we will not begin enforcement until 5 October 2021. This gives employers a six month grace period, as the regulations state that public sector bodies must report their data by 30 March whilst private sector employers are required to report by 4 April. Employers are encouraged to submit their data for 2020/2021 before October where possible.


As in previous years, gender pay gap data should be submitted online through the Government's Gender Pay Gap reporting website [link removed] and published on the employers website.


We know that many employers will have staff on furlough, so we have provided comprehensive guidance on how to include furloughed staff in Gender Pay Gap reporting [link removed] . This complements the guidance we already provide to employers on Gender Pay Gap reporting [link removed] .


We will begin our enforcement from 5 October, contacting employers that have not submitted their data or whose data appears to be inaccurate. We have the power to investigate employers that fail to report their Gender Pay Gap data, which could lead to unlimited fines after court action.


Find out more [link removed]


Public Sector Equality Duty reporting requirements


Under the Public Sector Equality Duty, public bodies in England, Scotland and Wales must publish equality information and objectives. Enforcement of the requirement to publish this information was suspended last year, due to the coronavirus pandemic. However, the requirement has been reinstated this year and relevant information should be published by all public bodies. Further details on what information public bodies must publish and the deadlines for reporting in all three nations is available on our website.


Find out more [link removed]


Our recommendations to electoral candidates


Ahead of May's Scottish and Welsh Parliament elections and local government elections in England, we have outlined our recommendations to electoral candidates who want to put equality and human rights at the heart of their priorities.


We believe Scotland has the opportunity, the capability, and the will to tackle deeply entrenched inequalities and become a fairer, more prosperous and inclusive society – if that will is reflected in the next Scottish Parliament. Our briefing for the Scottish Parliament election [link removed] sets out our policy recommendations for all parties.


In England, our recommendations to metro mayors [link removed] and other local government leaders sets out the policy priorities they can enact and resources available help make England fairer.


We have also provided a briefing to all parties ahead of the Welsh Parliament 2021 election, setting out our recommendations for the next Welsh Government [link removed] for an ambitious action plan to make Wales a world leader on equality and human rights.


Read our Scottish Parliament election briefing [link removed]


Read our English local election briefing [link removed]


Read our Welsh Parliament election briefing [link removed]


How we're working with the Financial Conduct Authority to protect people's rights


We recently signed a Memorandum of Understanding with the Financial Conduct Authority (FCA) to help protect people in financial services markets. This agreement sets out how we will share information with each other about businesses and other bodies that the FCA regulates. This includes working together to support vulnerable and excluded people where the FCA does not have the powers to address problems alone.


The FCA does not have the power to enforce the Equality Act, which is regulated by us. However, if for example the FCA suspected financial services firms weren’t making reasonable adjustments for disabled people, the information could be shared with EHRC, where appropriate action under the Equality Act would be considered. Equally, if we were concerned that firms are in breach of the FCA’s rules, including their Principles, the information could be shared so that the FCA could consider taking action.


The formal agreement will facilitate a more joined up approach towards protecting people in the financial sector.


Find out more [link removed]


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Equality and Human Rights Commission
Fleetbank House, 2-6 Salisbury Square, EC4Y 8JX


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