Death of the office joke: Coalition enacts Harriet's PC equality law which means ANYONE can sue for ANYTHING that offends them
By Daily Mail ReporterLast updated at 3:46 PM on 1st October 2010
New equality laws masterminded by Labour deputy leader Harriet Harman have come into force today, threatening to create a political correctness minefield for recession-hit businesses.
Under the Act, vegans, teetotallers and atheists are to be given the same protection against discrimination as religious groups while gipsies and travellers will get special favours because of the 'many socio-economic disadvantages' they face.
There is also a provision which extends protection from third party harassment, meaning employers have a responsibility to shield their staff, where possible, from abuse by customers.
This has led to fears that bosses could be sued for jokes or comments that staff overhear and find offensive - even if it is not directed at or about them.
The Act, which ministers claim will help stamp out pay discrimination, have been slammed by employer groups who claim it will cost £189million to implement.
Equal measures: Home Secretary Theresa May has pushed ahead with 90 per cent of the Equality Act championed by Labour deputy leader Harriet Harman
From today the law - which was first passed by Parliament in April - will be changed so that men and women in all firms are allowed to discuss and compare their salaries.
But employer groups warned the new laws will cause a red tape nightmare at a time when businesses are already struggling with the recession.
In other measures, new powers for employment tribunals will mean those found guilty of discrimination can face sweeping orders to change their policies, rather than just being hit for compensation in individual cases.
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And firms will be banned from asking job applicants about their health, while new protections for disabled people will make it easier for staff who have taken a large number of sick days or who look after elderly relatives to win unfair dismissal cases.
The Act will also make is easier for staff to claim they were discriminated against because of disability because they no longer have to prove they were treated less favourably than a non-disabled colleague.
David Frost, the director-general of the British Chambers of Commerce said: At a time when the Government is trying to create jobs in the private sector, this legislation will put people off for fear of getting it wrong'.
Home Secretary Theresa May, who is also minister for women and equality, said: 'In these challenging economic times it's more important than ever for employers to make the most of all the talent available.
SOME OF THE EQUALITY ACT PROVISIONS...
- Vegans, teetotallers and atheists given the same protection against discrimination as religious groups
- Churches forced to hire homosexuals and transsexuals against the tenets of their faith when employing staff under planned Labour equality laws
- Gipsies and travellers to get special favours because of the 'many socio-economic disadvantages' they face
- Fire chiefs forced to prioritise the poor when drawing up fire fighting plans as poorer areas need better cover because they tend to suffer from a greater number of fires owing to the worse state of their homes and a lack of smoke alarms
- Fears that bosses could be sued for jokes or comments that staff overhear and find offensive under 'third party harassment' provisions
What's still being discussed....
- Plans to force local authorities to discriminate in favour of the poor in order to narrow income inequalities
- ‘Affirmative action’ plan to allow firms to explicitly discriminate in favour of women and ethnic minority candidates
'From today the gagging clauses that stop people discussing their pay with their colleagues will be unenforceable, allowing women and men to find out if they're being paid unfairly.'
One employment lawyer warned that many large firms would find the ban on pay secrecy clauses 'unpalatable'.
Alex Mizzi, a solicitor at Dawsons LLP, said: 'Setting aside the fact that companies will view this as yet more red tape, bonuses and salaries are hugely sensitive for the vast majority of businesses.
'We know full well that a bonus can differentiate wildly from person to person, irrespective of seniority, and employers will have to be mindful of that when the Christmas bonus season gets into full swing.'
Tory and Lib Dem ministers are still arguing about whether to implement Miss Harman’s notorious plans to force local authorities to discriminate in favour of the poor in order to narrow income inequalities.
The plans were hailed as ‘socialism in a single clause’ when Miss Harman unveiled them last year.
But a Whitehall source said: ‘The Tories felt they went too far and the Lib Dems believed they didn’t go far enough. Discussions are continuing on whether to implement the clause.’
Also still up for discussion are Labour plans to allow firms to explicitly discriminate in favour of women and ethnic minority candidates - the kind of ‘affirmative action’ which has proved a political hot potato in the United States.
A Home Office source said the Act brings together nine different laws into a single piece of legislation, 'simplifying the law and reducing the administrative burden on businesses'.
The Government will announce 'in due course' its plans for the remaining parts of the Act, he said.
The Equality and Human Rights Commission welcomed the Act. Its interim chief executive, Helen Hughes, said: 'It's more than just an Act.
'Simplifying equality legislation and extending protection to a wide range of groups that face discrimination will help Britain become a fairer society, improve public services, and help business perform well.'
Banning the use of pre-employment questionnaires under the new Equality Act could make it easier for veterans who have been recently disabled in the line of duty to get work, she said.
And protecting young mothers from discrimination in school or college could mean they finish their education rather than drop out'
Ms Hughes added: 'It is also a reminder that treating people fairly protects organisations from costly discrimination claims.'
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Comments (473)
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This woman should never have been allowed out of the kitchen.
- Macavity, English Ex Pat., Dandong, China, 1/10/2010 16:50
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Political correctness gone mad and once again the people who will be penalised are the honest, cheerful (but don't dare make any jokes), hardworking majority. No wonder Britain is in such a mess.
- Marie-Anne, Paris, 1/10/2010 16:49
I think they should bring in a law only one person in a household can stand for parliament There are so few seats available so why do we allow a husband & wife to be in Parliament having so much say
I see the Kinnocks have made sure that their daughter is with them on the gravy train as she is now working for Ed Milliband
It would be interesting to know how much this family cost the tax payers with EU pensions, Lords fees and expenses old age pensions and many perks
Is this what socialism is about keep it in the family
I see the Kinnocks have made sure that their daughter is with them on the gravy train as she is now working for Ed Milliband
It would be interesting to know how much this family cost the tax payers with EU pensions, Lords fees and expenses old age pensions and many perks
Is this what socialism is about keep it in the family
- G Farley, Oxon, 1/10/2010 16:47
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