Trevor Phillips, chair of the Equality and Human Rights Commission said:

"We welcome the government's announcement of its strategy. The Commission's role is to support the creation of a fairer Britain, in which everybody has the ability to participate and realise their full potential and we look forward to working with the government to implement this important work.

"The Commission particularly welcomes the government's commitment to tackling intolerance and extremism of all kinds. At a time of increased economic pressures on society the government is right to work towards ensuring that hardship does not lead to increased tension and discrimination.

"Britain has enjoyed huge advances in tolerance and fairness over the last 30 years. However, the Commission's research has identified particular groups which still suffer barriers to economic and social mobility. We therefore support a strategy which ensures that public resources are targeted as efficiently as possible on these groups who would really benefit from assistance, rather than blanket, unfocussed spending based on assumptions rather than evidence of what will work best."

Ends

For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

Trevor Phillips, chair of the Equality and Human Rights Commission said:

"We welcome the government's announcement of its strategy. The Commission's role is to support the creation of a fairer Britain, in which everybody has the ability to participate and realise their full potential and we look forward to working with the government to implement this important work.

"The Commission particularly welcomes the government's commitment to tackling intolerance and extremism of all kinds. At a time of increased economic pressures on society the government is right to work towards ensuring that hardship does not lead to increased tension and discrimination.

"Britain has enjoyed huge advances in tolerance and fairness over the last 30 years. However, the Commission's research has identified particular groups which still suffer barriers to economic and social mobility. We therefore support a strategy which ensures that public resources are targeted as efficiently as possible on these groups who would really benefit from assistance, rather than blanket, unfocussed spending based on assumptions rather than evidence of what will work best."

Ends

For more press information contact the Commission's media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission's national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

In response to the ruling on prayers in Council meetings, a spokesperson for the Equality and Human Rights Commission said:

"Many litigants attempt to use the important protections in the Human Rights Act inappropriately.  We note that the human rights arguments in this case have been rejected by the judge.  We think it unfortunate that a compromise couldn't be reached on this matter, without resorting to legal action."

Ends

In response to the ruling on prayers in Council meetings, a spokesperson for the Equality and Human Rights Commission said:

"Many litigants attempt to use the important protections in the Human Rights Act inappropriately.  We note that the human rights arguments in this case have been rejected by the judge.  We think it unfortunate that a compromise couldn't be reached on this matter, without resorting to legal action."

Ends

The Equality and Human Rights Commission has successfully defended an appeal in the Court of Appeal against a ruling in the County Court which found that hotel owners had directly discriminated against a gay couple.

Mr and Mrs Bull appealed against the County Court’s decision that they were wrong to refuse Mr Preddy and Mr Hall a double room for the night in their hotel. The owners said that their hotel rule, based on their Christian faith, was that no unmarried couples could share a double room.

The Court of Appeal agreed with the County Court that the hotel’s rule directly discriminated against civil partners Mr Preddy and Mr Hall. The couple were treated differently because of their sexual orientation as it is not possible for a gay couple to marry.

In the appeal ruling the judges noted that both sides recognised the strongly held views of the other, and the Commission went to great lengths to reassure Mr and Mrs Bull that their beliefs were not under question.

The judges took into consideration the fact that discrimination law had changed and that Mr and Mrs Bull had been running their hotel along Christian principles for decades. They noted the owners’ right to manifest their religion and protection from religious discrimination.

However, the judges ruled that religious belief does not offer an exemption from laws that everyone running a business has to follow. Equality law already has exemptions for religious organisations, which the judges noted the hotel was not.

The court dismissed the Bull’s claim that their right to a private life would be compromised by allowing gay couples to sleep in a double room. The Bulls could manifest their beliefs in many ways outside of their business interests, including in their home which is separate from the hotel.

John Wadham, Group Director Legal, Equality and Human Rights Commission, said:

“I have genuine sympathy for Mr and Mrs Bull, as their beliefs are clearly strongly held. We believe that this case will help people to better understand the law around freedom of religion. When offering a service, people cannot use their beliefs – religious or otherwise – to discriminate against others.

“As the discrimination ruling has been upheld, Mr Preddy and Mr Hall are entitled to the compensation ordered by the County Court. However the Commission has no intention of enforcing its entitlement to legal costs."

Ends

For interviews with Mr Preddy and Mr Hall or an EHRC spokesperson and for more press information contact the Commission’s press office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Mr Preddy and Mr Hall brought a claim for discrimination based on their sexual orientation under the Equality Act (Sexual Orientation Regulations) 2007. This law is now part of the Equality Act 2010. They were successful in their County Court claim and the Court of Appeal has upheld that decision. They were awarded £1,800 each in compensation.

The Equality and Human Rights Commission funded both Mr Preddy and Mr Hall’s discrimination claim and their defence to Mr and Mrs Bull’s appeal. It supported thier case to establish an important principle of law and the litigation was taken purely in the public interest. As a publicly funded body the Equality and Human Rights Commission has a duty to protect public funds but given the circumstances it intends to seek the authority not to recover its costs in this case.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

 

• Seldon v Clarkson, Wright and Jakes
• Homer v Yorkshire Police Constabulary

The Commission will use the first two age discrimination cases to be heard by the UK’s Supreme Court today (17 January 2012) to argue that an exception to the law banning age discrimination in employment is in urgent need of clarification.

Both cases seek clarity from the UK’s highest court on the interpretation of the rule that allows employers to justify age discrimination if they can prove it is a 'proportionate means of achieving a legitimate aim'.

Default retirement age was scrapped in April 2011, however, an employer can still force an employee to retire using if it can show that the policy is justifiable as a 'proportionate means of achieving a legitimate aim'. For this reason, the Supreme Court’s clarification of the test has wide implications for all retirement situations.

The Commission is funding and running the direct discrimination case of Mr Seldon against the law firm where he was a senior partner - Clarkson, Wright and Jakes. He was forced to retire in 2006 because he turned 65.

The regulator is also intervening in the indirect discrimination case of Mr Homer against Yorkshire Police Constabulary where he was a senior legal advisor. He could not get the highest pay grade, after his employer’s rules changed, because he did not have a degree nor could he complete one before his retirement.

John Wadham, Group Legal Director at the Equality and Human Rights Commission’s said:

'Forced retirement ages have been abolished, but now lawyers and employers need to understand when age discrimination is 'justifiable' in terms of the law.

'People should be measured on what they can contribute in the workplace: age-related stereotypes about what people can or cannot do should not be a factor. It would not be tolerated if it was applied to any other form of discrimination.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to Editors

Direct age discrimination: treating someone less favourably because of their actual or perceived age, or because of the age of someone with whom they associate. The law permits justification of treatment only if it is a “proportionate means of achieving a legitimate aim”.

Indirect age discrimination: putting in place a rule or policy or way of doing things that has a worse impact on because of someone’s age, when this cannot be objectively justified.

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

In response to a Met Police plan to reduce the number of random stop and searches it carries out under s60 of the Criminal Justice and Public Order Act 1994, John Wadham, Group Legal Director, Equality and Human Rights Commission said:

"We welcome the new Metropolitan Police Commissioner's statement. We are pleased the force intends to change its practices, so that fewer people are stopped without good reason – breaching their human rights. We will continue to work with the Met Police to make sure it deals with all the issues we've raised about its use of stop and search, and will check that these changes lead to a reduction in the disproportionate stopping and searching of ethnic minorities."

Ends

Notes to editors History

• May 2010:EHRC warns Met Police over its disproportional use of Police and Criminal Evidence Act (PACE) stop and search. It embarks on the National Police Improvement Agency’s ‘Next Steps’ programme, designed to help overcome any potential discriminatory stop and search actions.
• Nov 2010: EHRC says it still has concerns about the Met Police’s use of PACE stop and search and will monitor the situation.
• 25 Oct 2011 : EHRC wrote to the Met Police requesting data on their use of s.60 stop and search for the past four years.
• 13 Dec 2011: EHRC wrote to the Met Police threatening legal action if it did not discontinue the unlawful use of s.60.
• 23 Jan 2012: Deadline for the Met Police response to both the Freedom of Information request and its response to legal action.

New figures from the Office of National Statistics show that the gender pay gap has narrowed for full time workers in the UK.

Men’s full-time median hourly earnings grew by 0.8 per cent to £13.11, up from £13.00 in 2010, while women’s hourly earnings were £11.91, a 1.9 per cent increase compared with £11.69. The full time gender pay gap has therefore decreased by one percentage point to 9.1 per cent from 10.1 per cent.

Kay Carberry, a Commissioner for the Equality and Human Rights Commission, said: 'Forty years after the introduction of the Equal Pay Act, today’s figures are a step in the right direction. But we can’t be complacent – as the gap is still there.

'One way to help narrow it would be by removing the secrecy surrounding equal pay. It will help if employers take up the government’s guidance on measuring and reporting their gender pay gap.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

Find out more about the Equality Act 2010 and equal pay: http://www.equalityhumanrights.com/equalpay 

The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission's inquiry into the home care system in England reveals disturbing evidence that the poor treatment of many older people is breaching their human rights and too many are struggling to voice their concerns about their care or be listened to about what kind of support they want.

The final report of the Commission’s inquiry, 'Close to home: older people and human rights in home care', says hundreds of thousands [1] of older people lack protection under the Human Rights Act and calls for this legal loophole to be closed. It questions commissioning practices that focus on a rigid list of tasks, rather than what older people actually want, and that give more weight to cost than to an acceptable quality of care.

Around half of the older people, friends and family members who gave evidence to the inquiry expressed real satisfaction with their home care. They most valued having a small number of familiar and reliable staff who took the time to talk to them and complied with their requests to do specific tasks. Home care workers said their job satisfaction came from improving the quality of older people’s lives.

But the inquiry also revealed many examples of older people’s human rights being breached, including physical or financial abuse, disregarding their privacy and dignity, failing to support them with eating or drinking, treating them as if they were invisible, and paying little attention to what they want. Some were surprised that they had any choice at all as they thought they had little say in how their care was arranged.

For example, evidence given to the Commission included a woman being left stuck on the toilet in her bathroom, as the care worker said she was too busy completing the list of care tasks to help her; and people with dementia not being prompted to eat or their food ‘hidden’ in the fridge, so they go hungry; and a woman who asked for help with her washing up and to be assisted to walk out into her garden but was given help washing herself instead.

Ways for older people to complain about their home care are either insufficient or not working effectively. Reasons for their reluctance to make a complaint about their treatment included not wanting to get their care workers into trouble, fearing repercussions such as a worse standard of care or no care at all and preferring to make do rather than make a fuss.

The inquiry reveals the pervasive social isolation and loneliness experienced by many older people confined to their homes who lack support to get out and take part in community life. Yet evidence from the home care industry indicates that social activities are some of the first support services to be withdrawn when local authorities cut back their spending on care services.

Alarmingly, one in three local authorities had already cut back on home care spending and a further one in five planned to do so within the next year.

The low rates that some local authorities pay for home care raises serious concerns about the pay and conditions of workers, including payment of the minimum wage. The low pay and status of care workers does not match the level of responsibility or the skills they need to provide quality home care. A high turnover of staff as a result of these factors has a negative impact on the quality of care given to older people.

The inquiry found age discrimination was a significant barrier to older people getting home care. It found that people over the age of 65 are getting less money towards their care than younger people with similar care needs, and are offered a more limited range of services in comparison. It also found that local authority phone contact lines can screen out older people needing home care without passing them on for a full assessment – which is unlawful.

Very few local authority contracts for home care specify that the provider must comply with the Human Rights Act. This undermines the quality of care that older people are getting. The evidence given to the inquiry indicates that where human rights are embedded into the way home care is provided – from commissioning to service delivery – high quality care is delivered without necessarily increasing costs.

In response to the findings of its inquiry, the Commission says that legislation and regulation needs to be updated to reflect huge shifts in how care is provided [2]. Its recommendations from the inquiry fall under three broad categories: -

• Proper protection: Closing the loophole in the Human Rights Act which would give protection to the growing number of older people receiving home care from private and voluntary sector agencies. The law was changed in this way in 2008 to protect residents of care homes who are funded by the state.
• Effective monitoring: The government, Care Quality Commission and local authorities need to work together better to build human rights into home care and make sure that abuses are detected faster and dealt with more effectively.
• Clear guidance: Clear and robust guidance on human rights is needed for councils so they can use the opportunities they have to promote and protect older people's human rights in commissioning; older people also need guidance to help them make choices about care and to explain how their human rights should be protected.

Sally Greengross, Commissioner for the Equality and Human Rights Commission, said:

'It is essential that care services respect people's basic human rights. This is not about burdensome red tape, it is about protecting people from the kind of dehumanising treatment we have uncovered. The emphasis is on saving pennies rather than providing a service which will meet the very real needs of our grandparents, our parents, and eventually all of us.

'This inquiry proposes some steps that would make sure human rights are protected in future – including changes to the law so that, at a minimum, all people getting publically funded home care are protected by the Human Rights Act. Currently this is not the case.

'Most of us will want to carry on living in our own homes in later life, even if we need help to do so. When implemented, the recommendations from this inquiry will provide secure foundations for a home care system that will let us do so safely, with dignity and independence.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

Notes to editors

[1] An estimated one in five (20 per cent) of older people living at home receive care services. In 2009-10 about 453,000 people received home care through their local authority, excluding those in receipt of direct payments.

[2] Since the Human Rights Act came into force in 2000, the home care industry has changed from having 56 per cent of care delivered by the private and voluntary sector to 84 per cent.

Human rights in home care inquiry
The Commission’s inquiry into the protection and promotion of human rights of older people in England who require or receive home-based care and support was launched in November 2010. The findings and recommendations have been drawn from a broad evidence base gathered from 1,254 individuals, local authorities, care providers and other organisations across England.

A copy of the report 'Close to home: older people and human rights in home care' and an executive summary can be found on this website at: www.equalityhumanrights.com/homecareinquiry

Human rights law in home care
The Human Rights Act states that public authorities must comply with the European Convention on Human Rights when they are carrying out their powers and duties. Centrally important for home care is the cluster of rights protected by Article 8 of the European Convention on Human Rights, which guarantees respect for dignity and personal autonomy, family life and social relationships. Other important rights include the prohibition on inhuman or degrading treatment (Article 3); and the right to life (Article 2).

Bare compliance with the Human Rights Act is not enough; public authorities also have ‘positive obligations’ to promote and protect human rights, meaning that they should take active steps to promote and protect human rights when they are carrying out their powers and duties. These positive human rights obligations are particularly important when local authorities are commissioning services from private and third sector organisations.

As a result of court decisions, the legal safety net provided by the Human Rights Act does not extend to older people receiving home care from private and voluntary sector agencies. This legal loophole, combined with the shift away from local authorities delivering care themselves to commissioning it from external providers, means that the majority of older people using home care services have no direct human rights protection.

Equality and Human Rights Commission
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.
 

The Equality and Human Rights Commission says Britain needs to defend or build on the Human Rights Act, in its first submission to the Government’s Commission on a Bill of Rights.

The Commission says that this domestic human rights legislation has allowed many people to exercise their basic rights without the time and expense of taking a case to the European Court of Human Rights.

The Commission says the mechanisms of the Human Rights Act are essential for the protection of human rights in the United Kingdom. It also argues that the law is well crafted to balance Britain's international obligations with its constitutional conventions. In particular, the Act preserves parliamentary sovereignty and the role of British judges in interpreting the legislation.

John Wadham, Group Director of Legal, said:
‘We welcome the opportunity to contribute to the debate on a possible UK Bill of Rights. Our position is that if any Bill of Rights were developed it should only build on the rights and mechanisms contained in the Human Rights Act.'

Ends

For more press information contact the Commission’s media office on 020 3117 0255, out of hours 07767 272 818.

For general enquiries please contact the Commission’s national helpline: England 0845 604 6610, Scotland 0845 604 5510 or Wales 0845 604 8810.

The Equality and Human Rights Commission

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.

The Commission on a Bill of Rights

The Equality and Human Rights Commission has responded to the Commission on a Bill of Rights which has been asked by the Government to explore the case for a new British Bill of Rights.

The Commission on a Bill of Rights is independent of Government and was established on 18 March 2011.

The Commission on a Bill of Rights has the following terms of reference:

• It will investigate the creation of a UK Bill of Rights that incorporates and builds on all our obligations under the European Convention on Human Rights, ensures that these rights continue to be enshrined in UK law, and protects and extend our liberties.
• It will examine the operation and implementation of these obligations, and consider ways to promote a better understanding of the true scope of these obligations and liberties.
• It should provide interim advice to the Government on the ongoing Interlaken process to reform the Strasbourg court ahead of and following the UK’s Chairmanship of the Council of Europe.
• It should consult, including with the public, judiciary and devolved administrations and legislatures, and aim to report no later than by the end of 2012.