Legislative Scrutiny: Equality Bill - Human Rights Joint Committee Contents


247.  The provisions in Part 8 in general re-enact and clarify existing legislative provisions. Clause 107 clarifies and partially amends the existing law by expressly allowing both persons instructed to discriminate and/or the intended victim of such instructions to bring proceedings, even where the instruction is not carried out. This is designed to ensure greater clarity about the level of protection under current legislation.

248.  In this context, it should be noted that the decision of the European Court of Justice in Firma Feryn established that discriminatory statements or discriminatory job vacancy announcements should be prohibited as constituting direct discrimination in national law.[313] Paragraph 13 of Schedule 26 responds to this by extending the power of the EHRC to bring enforcement proceedings in respect of discriminatory advertisements and practices.

249.  We welcome the strengthening of protection against discrimination in advertising and against instructions to discrimination.

313   Case C-54/07, Centrum voor gelijkheid van kansen v Firma Feryn NV [2008] IRLR 732. Back

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