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UK Discrimination Law Review: Legislation tracker

    • Discrimination law

    03-05-2014

    When What Where
    6 April 2014 Discrimination questionnaires
    Formal process and forms enabling potential claimants to ask questions about alleged discrimination abolished where acts complained of occurred after this date. Claimants could still seek pre-claim information informally & ET could still draw inferences in appropriate cases from a failure to reply or an evasive reply.     
    Enterprise and Regulatory Reform Act 2013
    6 April 2014

    Employer penalties

    In claims presented after this date, Tribunals have power to impose financial penalties on employers found to have breached employment rights, in addition to awarding compensation. 

    Enterprise and Regulatory Reform Act 2013
    6 May 2014 Early conciliation
    From this date potential claimants must contact ACAS before bringing most types of tribunal claims. Time limits for claiming are extended to facilitate conciliation. 
    Enterprise and Regulatory Reform Act 2013 and related regulations
    30 June 2014 (expected date) Flexible working
    The right to request flexible working to be extended to all employees with 26-weeks' continuous employment. Existing statutory procedure to be replaced with a new requirement for employers to consider requests ‘reasonably’ plus a Code of Practice published by ACAS. 
    Children and Families Act 2014
    1 October 2014 (expected date) Equal pay audits
    Employers to be ordered to carry out equal pay audit if they lose a tribunal claim for breach of an equality clause or sex discrimination in relation to pay. 
    Enterprise and Regulatory Reform Act 2013; supplementary regulations not yet published
    1 October 2014
    (expected date)
    Ante-natal/adoption appointments
    Fathers/partners of pregnant women will qualify for unpaid leave for two antenatal appointments. Prospective adopters will also qualify for leave to attend adoption meetings (five appointments (paid) for ‘primary’ adopter; two (unpaid) for ‘secondary’ adopter). 
    Enterprise and Regulatory Reform Act 2013
    Not before 2014
    (no date fixed)
    Tribunal recommendations
    Removal of Tribunals’ power to make ‘wider recommendations’ in discrimination cases. Will still be able to make recommendations that a party take specified steps to obviate or reduce the adverse effect of discrimination on the claimant but not a recommendation aimed solely at reducing adverse effect on other people. 
    Deregulation Bill

    6 April 2015(expected date)

    Shared parental leave

    Eligible parents will be able to convert maternity/adoption leave and pay to parental leave, which can be shared between them. Adoption leave entitlement will be adjusted to bring it into line with maternity leave and extended to parents through surrogacy.  

    Children and Families Act 2014; supplementary regulations not yet finalised
    Not before 1 October 2015 (no date fixed) Caste discrimination
    Equality Act to be amended to cover caste discrimination.
    Enterprise and Regulatory Reform Act 2013; supplementary regulations not yet published
    6 April 2014 Equal pay
    Tribunal fee for bringing an equal pay claim has been increased to £250 (from £160) and the hearing fee increased to £950 (from £230).
    Amendment to Fees Order

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