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News from the Equality and Human Rights Commission


31 July 2023


Our Annual Report


This month we published our annual report and accounts for the 2022–23 financial year ending on 31 March.


As Britain’s equality regulator and National Human Rights Institution, the report highlights our work and achievements to challenge discrimination and protect people’s rights and freedoms over the past year.


From our legal support scheme to our inquiry into racial discrimination in the health and social care sector, we have taken action to tackle some of the biggest challenges facing society today.


Read our Annual Report [link removed]


Hotline set up for reporting incidents of harassment at McDonald's


In February this year we announced a legal agreement with McDonald’s to protect staff from sexual harassment.


The BBC reported that since their initial coverage of our legal agreement more than 100 current or recent McDonald's staff had approached them with allegations of sexual assault, harassment, and discrimination.


We were concerned to hear of these new allegations and have set up a confidential email hotline for those affected. Anyone who is concerned about incidents of harassment in McDonald’s can report it to:


[email protected] [ mailto:[email protected] ]


We have already had over 140 enquiries to our hotline. We will look at these allegations closely in the context of our current legal agreement with McDonald’s to tackle sexual harassment of staff in its restaurants.


Read more about our legal agreement with McDonalds [link removed]


Concern over the Metropolitan Police's use of strip searches on under 18s


W


E have written to the Metropolitan Police Service (Met) regarding our concerns about the number of children and young people being strip searched, particularly those who are Black.


In March 2023, a report by the Children’s Commissioner highlighted that ‘strip searches of children under stop and search powers have a pronounced and deeply concerning ethnic disproportionality’.


We have requested further information from the Met on their use of stop and search powers, particularly on any disproportionate impact on Black people.


The Met’s response will determine whether we decide to take any further regulatory action to protect the rights of everyone in Britain.


Read our statement on the Met's use of strip searches [link removed]


Protecting human rights in Britain


Our Chairwoman, Baroness Kishwer Falkner, has written in Politics Home discussing the potential for our human rights protections to be weakened by legislation currently going through the UK Parliament.


The column welcomes the UK Government’s decision not to proceed with the Bill of Rights Bill. It also highlights the potential risks to Britain's human rights framework posed by new thresholds for ‘serious disruption’ during peaceful protests, the Illegal Migration Bill passed earlier this week and the Victims and Prisoners Bill currently being scrutinised by MPs.


Read Kishwer's article in Politics Home [link removed]


Our response to the Department for Transport on proposed ticket office closures


This month, we sent a letter addressed to the Department for Transport (DfT), in which we raised significant concerns about the potential adverse effects the proposed closure of ticket offices could have on disabled and older individuals.


We reminded the DfT of its obligations under the Public Sector Equality Duty of the Equality Act, which requires public sector organisations to carefully consider equality across their work, including when designing or changing services.


The needs of older and disabled passengers must be properly considered and addressed in any proposed rail ticket office closures.


We welcome the decision to extend the consultation regarding these proposed closures to ensure all those who need to can respond properly and express any concerns.


Read our letter to the Department for Transport [link removed]


Public Sector Equality Duty: Guidance for Schools in Wales


The introduction of the Curriculum for Wales provides an exciting opportunity to ensure that all children and young people in Wales can reach their full potential.


The Public Sector Equality Duty (PSED), which we are the regulator for, is key in making sure every school is able to fulfil the four purposes of the Curriculum for Wales and embed equality and human rights principles into education in Wales.


The PSED requires schools (and other public bodies) to eliminate discrimination, advance equality of opportunity and foster good relations.


To support schools in meeting the requirements of the PSED we have developed new guidance to be used through the lens of the Curriculum for Wales.


Read our PSED guidance for schools in Wales [link removed]


New research on workplace discrimination against pregnant women and mothers


This month, the charity Pregnant Then Screwed released new data which reveals a pattern of discrimination towards pregnant women and mothers.


The research found that 1 in 61 pregnant women report that their boss suggested they have an abortion.


The law is clear, no one should be subjected to harassment or discrimination, either at work or elsewhere.


All employers have a responsibility to act to ensure that workers do not face this kind of mistreatment. We are committed to protecting the rights of pregnant women and mothers in the workplace.


Read the research from Pregnant then Screwed [link removed]


Preventing hair discrimination - help with our evaluation survey


Last year, we launched new resources to help end hair discrimination in schools. Now, we’re running an evaluation survey to help us assess their impact.


Court cases and the experiences shared by stakeholders indicate that hair-based discrimination disproportionately affects girls and boys with Afro-textured hair or hairstyles.


Our resources are designed to help school leaders take important actions to make sure their schools are inclusive places, and prevent any potential discrimination related to hair or hairstyles when drafting or reviewing relevant school policies.


We ask those involved in education to complete a short confidential survey about the resources to help with our evaluation.


Complete the hair discrimination survey in English [link removed]


Complete the hair discrimination survey in Welsh [link removed]


Acas consultation launch on flexible working code of practice


Acas is updating its statutory Code of Practice on handling requests for flexible working. This consultation has been launched in response to changes to workplace practices and anticipated law reform.


Greater flexibility at work benefits everyone, particularly those with caring responsibilities like parents, older workers and disabled people.


Acas is calling on all interested parties and organisations to respond to their consultation.


The consultation closes on Wednesday 6 September, and you can complete the form online.


Complete the Acas consultation on flexible working [link removed]


UK Government report to the UN Committee against Torture


In July, the UK Government submitted its latest report to the UN Committee against Torture, outlining the steps taken by governments across the UK to protect people from torture and other cruel, inhuman or degrading treatment or punishment.


This report was written in response to the Committee’s ‘List of Issues’ published in June 2022, which highlighted areas of concern related to the prevention of torture, including issues such as human trafficking, domestic abuse and conditions in immigration detention.


The next stage in the UN’s review will see stakeholders submit their own evidence to the Committee. These submissions will ensure that the Committee has the best possible evidence to assess the UK’s compliance with the Convention against Torture. Organisations wishing to submit evidence are advised to prepare in advance.


We will update our Human Rights Tracker with the latest available information and deadlines.


Read the UK Government's report to the UN Committee against Torture [link removed]


Visit our Human Rights Tracker [link removed]


Upholding the rights of women and girls under the Istanbul Convention


In July 2022 the UK Government ratified the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (typically known as the “Istanbul Convention”). The Convention imposes obligations covering many forms of violence against women and girls, including relating to prevention, the prosecution of perpetrators, and the protection of survivors.


This month the UK Government published their state report on compliance with the convention.


Council of Europe experts are currently evaluating the extent to which the UK Government is meeting obligations to tackle violence against women and girls.


We intend to submit evidence to support this evaluation and we look forward to engaging with the Council of Europe during this evaluation.


Read the UK Government's report on the Istanbul Convention [link removed]


Former soldier wins appeal after facing religious discrimination


A former soldier who faced discrimination while in the British Army, due to his beliefs as a practicing Muslim, has brought a successful claim against the Ministry of Defence.


We provided funding for the case in 2022, brought by Ebrima Bayo. Mr Bayo spent over eight years as a soldier in the British Army but faced discrimination including mockery from other soldiers for wearing his prayer attire and derogatory comments about his Muslim beliefs.


Mr Bayo reported his concerns to his chain of command, but they failed to act promptly to address the Islamophobia.


With the representation of the Centre for Military Justice, Mr Bayo was able to secure a formal apology and a favourable settlement, sending a powerful message to other employers to ensure they address Islamophobia within their workforce.


Read our statement on the case of Mr Bayo [link removed]


Tackling disability discrimination in schools


We welcome the news that a family has won an appeal against a school which permanently excluded their disabled child.


A primary school near Stoke-on-Trent, permanently excluded a seven-year-old child due to his behaviour in November 2021. This behaviour was connected to the child’s disabilities: he has ADHD, autism and a sensory processing disorder.


After concern the child’s disability hadn't been properly considered, we stepped in providing support and funding to appeal the Tribunal’s decision.


We are pleased with that this appeal was successful and will continue to work to make sure that disabled children are not permanently excluded without proper consideration of other reasonable steps that could be taken first.


Read our statement on the exclusion of a disabled child [link removed]


Our response to Court of Appeal judgment on the Rwanda asylum policy


We have published a statement following the Court of Appeal's ruling that Rwanda is not a "safe third country" and that the policy of deporting asylum seekers there is unlawful.


We have consistently highlighted the risks of this policy, urging the UK Government to ensure that it remains compliant with international human rights obligations.


We will continue to argue for further protections for the most vulnerable members of our society.


Read our statement on the Government's Rwanda asylum policy [link removed]


Employment relations (Flexible Working) Bill


This month the Employment Relations (Flexible Working) Bill received Royal Assent and became law.


Flexible working options enhance employment opportunities - particularly for those with caring responsibilities, parents, older people and disabled workers.


This legislation will pave the way for a more inclusive and productive workforce and help reduce pay gaps between the sexes and between disabled and non-disabled people in Britain.


We welcome this new law, but we will continue to call for more protections. Employers should be required to offer all jobs, even senior roles, on a flexible basis unless there is a genuine business reason not to do so.


Read our statement on the Employment Relations (Flexible Working) Bill [link removed]


Our legal agreement with the Home office


In November 2020, we found that the Home Office had failed to comply with the Public Sector Equality Duty (PSED).


We entered an agreement with the Home Office - under section 23 of the Equality Act 2006 - in March 2021. It set out actions for the Home Office to take to address its failure to comply with equality law when implementing ‘hostile environment’ immigration measures.


We have extended our legal agreement with the Home Office by a year to allow additional time to complete and embed the agreed actions.


Read more about our agreement with the Home Office [link removed]


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Equality and Human Rights Commission
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