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Equality North East

Government response to consultation on repeal of two enforcement provisions

In October 2012, the Government published its response to the consultation on proposals to repeal the following two measures from the Equality Act 2010:

•employment tribunals’ power to make wider recommendations in discrimination cases
•the procedure for obtaining information
The response confirms the Government’s intentions to repeal these measures.

The Executive summary states (page 4):

We received a total of 157 responses to this joint consultation. Of those, 18 (12%) were in favour of repealing the wider recommendations provisions and 125 (79%) were opposed.24 (15%) were in favour of repealing the obtaining information provisions and 130 (83%) were opposed. All business representative organisations supported repeal.

Responses which agreed to the proposed repeals came mostly from private and not-for profit sector employers and business representative organisations. Responses which disagreed with our proposals were mainly on behalf of unions, equality lobby groups, staff associations, the judiciary and members of the public.

Very few of the responses, both those opposed to and those in favour of repeal have offered significant quantifiable evidence or specific evidence based on actual situations and outcomes, to support their views.

In the light of this response, the Government will seek an opportunity to repeal both the wider recommendations provisions and the obtaining information provisions.

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October 15, 2012

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