Equality Act 2010 : Consultation on repeal of two enforcement provisions
Following a review of equalities legislation under the Red Tape Challenge, the consultation seeks 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
Based on concerns raised by businesses and other organisations, the view of this consultation is that the power of employment tribunals to make wider recommendations is unlikely to serve a practical purpose or to be an appropriate or effective legal remedy for employment tribunals. The obtaining information procedure was intended to increase pre-hearing settlements and reduce tribunal loads, but it has not had this effect. There is evidence to suggest that this too has created new burdens and risks for employers.
This consultation seeks views on the merits of our proposals, and any evidence to support these views.
- Visit the Home Office website to view the consultation
- The Law Society of Scotland's response (August 2012)