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Institute of Employment Rights Karon Monaghan September 2006

Institute of Employment Rights Karon Monaghan September 2006. The New Reviews. The Discrimination Law Review The Equalities Review. Discrimination Law Review.

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Institute of Employment Rights Karon Monaghan September 2006

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  1. Institute of Employment Rights Karon Monaghan September 2006

  2. The New Reviews • The Discrimination Law Review • The Equalities Review

  3. Discrimination Law Review ‘assess how our anti-discrimination legislation can be modernised to fit the needs of Britain in the 21st Century. This work will consider the approaches that are effective in eradicating remaining discrimination but avoid imposing unnecessary, bureaucratic burdens on business and public services’

  4. Cautious Optimism • Previous Consultations • The Business Lobby • Fundamental Principles

  5. The Equalities Review • Chair, Trevor Phillips • ‘a root and branch review to investigate the causes of persistent discrimination and inequality in British society’.

  6. The Need for Reform • Complexity • Anachronistic • Individually focused • Mono characteristic • Formalistic • Assimilationist • Statistics

  7. Models for New Law • Identifying the Purpose • Substantive Equality Model • Open Textured • Outcome Focussed

  8. The Protected Classes • Rigidity • Atomised • Socially Insensitive

  9. Equal Pay • Complexity • Collective Bargaining • Pay Audit/Reviews

  10. Statutory Duties • The Existing and New Statutory Duties • Process Driven • Outcome Focussed Duties • Private Sector • Public Procurement

  11. A New Model • The Equalities Review • A ‘Capabilities’ Model • Beware individual ‘responsibility’ and ‘choice’

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