Equality Act 2010: consultation on repeal of two enforcement provisions

Following a review of equalities legislation under the Red Tape Challenge, the consultation sought views on proposals to repeal the following two measures from the Equality Act 2010:

• employment tribunals’ power to make wider recommendations in discrimination cases
• the procedure for obtaining information

We received a total of 157 responses to both proposals. Of those, 18 (12 per cent) were in favour of repealing the wider recommendations provisions, and 125 (79 per cent) were opposed. 24 (15 per cent) were in favour of repealing the obtaining information provisions and 130 (83 per cent) were opposed.

All business representative organisations supported repeal. Responses which agreed to the proposed repeals came mostly from private and not-for-profit sector employers and business representative organisations. Responses which disagreed with our proposals were mainly on behalf of unions, equality lobby groups, staff associations, the judiciary and members of the public.

Very few of the responses to this consultation, both those opposed to and those in favour of repeal provided little quantifiable evidence or specific evidence based on actual situations and outcomes, to support their views.

The government responses detailing the next steps to implement these proposals, together with the two impact assessments, are now available to download below. You can also read the government response to the consultation on employer liability for harrassment of employees by third parties, as well as an impact assessment.

Intended audience: This consultation will be of particular interest to:

• individual businesses and employers’ organisations
• people who provide goods and services
• trade unions
• equality organisations
• members of employment tribunals and the judiciary more widely
• individuals