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Wider recommendations under Equality Act abolished from 1 October 2015

The Deregulation Act 2015 received Royal Assent on 26 March 2015.

The Deregulation Act 2015 received Royal Assent on 26 March 2015. There are three main employment provisions, the most significant of which is that S.2 of the Act provides for S.124(3)(b) of the Equality Act 2010 to be abolished, thereby removing the powers of employment tribunals to make ‘wider’ recommendations in successful discrimination cases. A ‘wider’ recommendation is for the purpose of obviating or reducing the adverse effect on any other person and not just the claimant, i.e. a recommendation relating to all members of a particular group in the employer’s workforce or the workforce as a whole. When S.124(3)(b) is abolished, a tribunal will only be able to make a recommendation relating to the successful claimant. The BIS had stated that this change was scheduled to take effect on 6 April 2015. However, this provision will not now come into force until 1 October 2015. The two other employment-related provisions are as follows:

–  From 26 May 2015, S.3 provides for English apprenticeships to replace apprenticeships under the Apprenticeships, Skills, Children and Learning Act 2009 in England with the details set out in Schedule 1.

–  From 1 October 2015, S.6 makes amendments to S.11 of the Employment Act 1989 ‘Exemption of Sikhs from requirements as to wearing of safety helmets on construction sites’ to extend the scope of the exemption so that turban-wearing Sikhs will be exempt from legal requirements to wear a safety helmet in all workplaces, defined in subsection (6), either as workers or visitors, subject to certain exclusions set out in subsection (5).

 

Content Note

The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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