Equality enforcement must be boosted

The individual approach to enforcement of equality law is no longer fit for purpose, the House of Commons select committee on Women and Equalities has said following a year-long inquiry. 


The committee wants a fundamental shift in the way the Equality Act is enforced and for the Equality and Human Rights Commission (EHRC) to “overcome its timidity”.


Its report, Enforcing the Equality Act: the law and the role of the Equality and Human Rights Commission, argues that while individuals must still have the right to challenge discrimination in the courts, the system of enforcement should ensure that this is only rarely needed. 


The committee’s recommendations include moving away from a heavy reliance on using individual litigation to create precedents. It also recommends a refocusing of the EHRC’s work “to be bolder in using its unique enforcement powers”.


Committee chair Maria Miller said: “The EHRC must overcome its timidity. It has unique powers, limited resources and must use them for maximum impact. It should make regulators, inspectorates and ombudsmen not only key partners in creating a critical mass of enforcement action but also key targets for enforcement action when those same regulators, inspectorates and ombudsmen fail to meet their own equality duties.”


Other recommendations include making obligations on employers, public authorities, and service providers “explicit and enforceable”.

https://www.parliament.uk/business/committees/committees-a-z/commons-select/women-and-equalities-committee/inquiries/parliament-2017/enforcing-the-equality-act-17-19