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29 April 2021


April news from the Equality and Human Rights Commission


Retailers warned against blanket 'no mask, no entry' policies


As non-essential retail re-opened earlier this month, we reminded shop-owners and other service providers that implementing blanket policies barring people from accessing services without a face covering was likely to be discriminatory.


We fully support businesses putting policies in place to keep the public and their staff safe. However, exemptions from the legal requirement to wear masks in enclosed public areas exist for people with legitimate reasons. These include people who cannot wear a mask due to physical or mental health conditions or people assisting someone who needs to lip read. Not applying these exemptions could place some people at a disadvantage and be considered a failure to make reasonable adjustments under the Equality Act 2010.


We have been made aware of a number of companies with policies making it mandatory for customers and staff to wear face-coverings, with no exemptions for those with legitimate reasons. These included a popular technology store, a luxury department store and a bus company. We have written directly to these organisations to remind them of their obligations under equality law and the technology company has since agreed to investigate complaints, undertake staff training and update their website to include a reference to exemptions.


Last year we published a simple four-step guide [link removed] for retailers to remind them of their legal obligations and what they need to do to ensure that disabled customers can access their services during the pandemic.


Find out more [link removed]


Legal agreement signed with the Home Office to improve practices following Windrush scandal


The Home Office has signed a legal agreement with us, setting out the actions it will take to address its failure to comply with equality law when implementing ‘hostile environment’ measures.


In November last year our assessment found that the Home Office failed to comply with the Public Sector Equality Duty (PSED) when developing, implementing and monitoring the hostile environment policy agenda. In particular, it had neglected to fully consider the impact its policies would have on Black members of the Windrush generation.


This agreement, under section 23 of the Equality Act 2006, commits the Home Office to a two-year action plan of improvements. We will monitor and advise on the implementation of the action plan for two years. The plan will also be essential in the Home Office’s response to the Windrush Lessons Learned Review.


If the Home Office does not adhere to the terms of the agreement and implement the action plan, we can take further enforcement action, including applying for a court order requiring the department to comply.


Find out more [link removed]


Ambulance Trust must do more to protect its staff from sexual harassment


We have signed a legally binding agreement with East of England Ambulance Service Trust (EEAST), requiring the service to improve its policies and procedures to protect its staff from sexual harassment.


The agreement, signed using our powers under Section 23 of the Equality Act 2006, was put in place following a request from the Care Quality Commission that we consider enforcement action. This was made after an inspection found that EEAST had not done enough to address serious incidents of sexual abuse against both patients and staff.


We have now agreed an action plan with EEAST which includes a review of policies and procedures, carrying out a risk assessment and taking appropriate preventative action, enhanced training for staff and managers and regular staff surveys to monitor progress. We will monitor implementation of this action plan to ensure it is adhered to and we can take further enforcement action if progress is not made.


Find out more [link removed]


Challenges with implementating reasonable adjustments for disabled people during the pandemic


Equinet [link removed] (the European Network of Equality Bodies) recently published a comprehensive Discussion Paper ‘Reasonable Accommodation for persons with disabilities: Exploring challenges concerning its practical implementation [link removed] ’. The report, which was partially written by a member of our Scottish legal team, serves as a practical guide for equality bodies, lawyers, academics and other stakeholders working in the field of reasonable accommodation for disabled people.


The paper offers a comparative view of problematic issues in the field of reasonable accommodation for disabled people, including how the international legal framework applies.


The cases and materials discussed within the paper are drawn from national and international sources, including the case law of 14 Equinet member states, the European Court of Human Rights, EU instruments such as the Employment Equality Directive and the work of the UN Convention on the Rights of People with Disabilities (CRPD) Committee.


Read the report [link removed]


Learning lessons from the pandemic - opinion from Dr Habib Naqvi MBE


We are currently carrying out an inquiry into racial inequality in health and social care workplaces [link removed] , specifically looking at the experiences of lower paid ethnic minority staff working in health and social care settings.


In a guest blog, Dr Habib Naqvi MBE, Director of the NHS Race and Health Observatory, argues that the pattern of poorer workplace experiences and opportunities for ethnic minority health and social care staff is well-documented and that the unwanted intrusion of the pandemic has served to further amplify that pattern.


Dr Naqvi explores the lessons that can be learned in the wake of the pandemic. He writes that legislation does not guarantee equality of outcome, it only guarantees an aspiration for equality of opportunity and we all have a moral duty to turn that aspiration into reality.


Read the blog [link removed]


How National Human Rights Institutions are protecting disabled people's rights during the pandemic


The Commonwealth Forum of National Human Rights Institutions (CFNHRI), which we currently chair, has highlighted how National Human Rights Institutions from across the Commonwealth have worked to protect the rights of disabled people during the pandemic.


The report is compiled from submissions from NHRIs and ombuds organisations from Australia, Canada, Cyprus, Great Britain, Kenya, New Zealand, Northern Ireland, Rwanda and Scotland, which each in their distinct regional and national contexts of the pandemic, have worked to protect disabled people’s rights.


Recurring themes from the broad range of submissions call attention to the importance of:


Dedicated processes to consult with and involve disabled people in decision-making.


Disaggregated data, particularly in areas of life where people may face multiple disadvantages because of their intersecting characteristics.


Ensuring that policies and services are accessible by design, and that information is available in accessible formats.


Read the report [link removed]


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


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