19 May 2008

Last week the Prime Minster announced the draft legislative programme for next year’s Parliamentary session. Building a fairer and more equal Britain where people make the most of their abilities is one of the Government’s priorities. A number of bills are proposed to achieve this aim, which will impact the workplace. Here is a summary of what the future has in store for employers.

“Making the most of your potential” is the second theme of the Government’s Green Paper - Preparing Britain for the Future.  It is based on the belief that equality and opportunity for all is vital if people are able to fulfil their potential. The Government is therefore proposing the Equality Bill to reform current discrimination law and is intending to give greater access to training under the Education and Skills Bill.

The Equality Bill has been forthcoming for some time. It follows the recommendations of the Discrimination Law Review, which commenced in 2005.  A consultation exercise on the proposals was undertaken last year, although the official response is still awaited. The main aim of the Bill is to simplify the existing regime by combining over 100 separate pieces of legislation into one law; hence it was originally named the Single Equality Bill. Harmonising the approach in each area, for example, adopting a standard definition for objective justification,   should help employers to comply, and will make it easier for individuals seeking a remedy.  In addition, the Bill proposes to introduce new measures to promote equality such as:

• Replacing the existing public sector gender, race and disability equality duties with a new single equality duty that is likely to cover all of the protected grounds.
• Giving employment tribunals the power to make recommendations to employers on changes to working practices.
• Allowing employers to take more positive action measures to make their organisation more representative.

The Equality Bill will not address the issue of equal treatment for agency workers. Although the controversial Temporary and Agency Workers (Equal Treatment) Bill has reached the Committee stage its future is very uncertain, not least of all because of the Government is not committed to it. Nonetheless, the Green Paper states that the Government does want to ensure that agency workers receive appropriate protection and, to this end, has said it will pursue an agreement to the proposed EU Directive.
 
The Education and Skills Bill sets out a range of measures to enable individuals to realise their talents, many of which focus on schools. However, enabling adults to acquire relevant skills is also considered paramount. The establishment of a new National Apprenticeships Service will strengthen and promote the range of Modern Apprenticeships available to young people, aged 16 -24, with a statutory guarantee of a place to all suitably qualified individuals. Employers are likely to be actively encouraged to take advantage of the funding currently available in order to create appropriate opportunities.

In addition, the Government is keen to up-skill adults who are in work and wants employers to invest more in their employees. In order to facilitate this, employees will be given a statutory right to request time off for training. It is expected that this right will work in a similar way to the right to request flexible working. Employers will not be obliged to allow time off but they will have to reasonably consider the request. There is also no suggestion, at present, that the employer will have to pay the employee during any time off, or contribute towards the cost of training. Employers have been asked to comment on this proposal, ahead of the consultation process.

It is unlikely that any of these measures will come into force before 2010, when the Government is also expected to introduce the right to additional paternity leave under the Work and Families Act. However, it has been confirmed that more working parents will be given the right to request flexible working from April 2009. Following Imelda Walsh’s recommendation this will be extended to parents of a child aged 16 or under.

A full copy of the Green Paper can be downloaded at www.commonsleader.gov.uk where you can also have your say on Britain’s future. The deadline for responses is 6 August 2008.