9. PROHIBITED CONDUCT: ANCILLARY
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.
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
313 Case C-54/07, Centrum voor gelijkheid van kansen
v Firma Feryn NV  IRLR 732. Back