Consultation outcome

Equality Act 2010: consultation on repeal of two enforcement provisions

• From: Government Equalities Office, Department for Digital, Culture, Media & Sport and Immigration Enforcement
• Published: 15 May 2012

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

This consultation has concluded

Read the full outcome

Government response - Equality Act 2010: employment tribunals’ power to make wider recommendations in discrimination cases and obtaining information procedure

PDF, 356 KB, 24 pages

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ACAS response

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AFSA response

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Association of Scottish Police Superintendants response

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ATL response

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Association of Women Solicitors response

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BLS response

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British Retail Consortium response

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Citizen's Advice Bureau response

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CAGS response

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Chesterfield Borough Council response

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Cloisters response

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Capability Scotland response

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CWU response

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Disability Charities Consortium response

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Discrimination Law Association response - obtaining information

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Discrimination Law Association response - wider recommendations

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Disability Law Service response

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Diversity Network for Cornwall response

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Equality and Diversity Forum response

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EEF response

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Equality and Human Rights Commission response

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Employment Lawyers' Association response

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Employment Law Bar Association response

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Equanomics response

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FDA response

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GIRES response

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GMB response

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Hearing Dogs for Deaf People response

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Insitute of Directors response

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LGA response

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LGF response

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Law Society response

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Law Society of Scotland response

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Lyons Davidson response

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Mercer response

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Metropolitan Police Service response

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National AIDS Trust response

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Nottinghamshire Fire and Rescue Service response

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NHS employers response

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National LGB&T Partnership response

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NUT response

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Odysseus response

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Open University response

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PCS response

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Police Federation of England and Wales response

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President and Regional Employment Judges of Employment Tribunals response

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Prospect response

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Reformed Churches Caucus response

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Royal College of Midwives response

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Royal College of Nursing response

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REDP response

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Royal National Institue for Blind People response

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SDLA response

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Squire Sanders response

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Scottish TUC response

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Thompsons response

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Travers Smith response

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TSSA response

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TUC response

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Unison response

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Unite response

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University of Leicester response

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WBG response

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Working Families response

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Women's Resource Centre response

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Detail of outcome

---

Original consultation

Summary

We asked for your views on repealing two enforcement provisions of the Equality Act, as part of the Red Tape Challenge.

This consultation ran from
15 May 2012 to 11:45pm on 7 August 2012

Consultation description

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

Consultation response

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.

Information about responding to the original consultation

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

Documents

Equality Act 2010: consultation on repeal of two enforcement provisions - full consultation document

PDF, 885 KB, 74 pages

Obtaining information impact assessment

PDF, 210 KB, 13 pages

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Repeal of enforcement provisions - wider recommendations impact assessment

PDF, 206 KB, 15 pages

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Published 15 May 2012