Equality at work

• DOI: https://doi.org/10.13169/instemplrighj.3.1.0073
• Pages: 73-83
• Published date: 01 January 2020
• Date: 01 January 2020

Equality at work

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Introduction

The law relating to equality at work is found for the most part in the Equality

Act 2010 (EqA) which made significant improvements to the previous patch-

work of primary and secondary legislation. The 2010 Act is generally fit for

purpose, though it suffers from the same shortcomings as other provisions as

regards the scope of its application, which needs to extend to a broader cat-

egory of workers than at present including (i) precarious workers, (ii) platform

workers and others in the gig economy, (iii) workers with multiple employers,

and (iv) self-employed workers.

Also of enormous significance to workers across the UK is the question of

enforcement; there is limited purpose in having even the most advanced

equality-related rights if workers cannot enforce them in practice. Other pro-

posals in this book go a long way to address both the issue of covering all

workers and that of effective enforcement. Other changes required to the

EqA are set out below, as are the implications of Brexit, which has been a

source of much comment by equality lawyers, in particular in view of the role

played by the EU in this field.

Before they are discussed, however, it is important to note that the Act

does not apply to Northern Ireland which, further, has no equivalent in

terms of a comprehensive piece of legislation regulating discrimination. It is

imperative that this be remedied by the enactment of Northern Ireland’s

own comprehensive Equality Act, which upgrades the current provisions to

the standards set in the 2010 Act and reflects the special circumstances of

Northern Ireland in how it addresses issues such as fair employment, police

recruitment etc.

Brexit

The urgent need for action to improve equality-related rights at work is even

greater now than it was at the time of the publication of the Manifesto for

Labour Law in 2016. This is because the strides that have been taken over

past decades to reduce workplace inequality are significantly under threat as

a result of the impending withdrawal of the UK from the EU. The EU has, for

Equality at work