Enforcing Equality Law: Two Steps Forward and Two Steps Backwards for Reflexive Regulation

Hepple, Bob

doi:10.1093/indlaw/dwr020

Cited by 45 publications

(38 citation statements)

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“…The PSEDs embraced ‘positive action’, thus acknowledging the ‘systematic barriers to equal participation that carry the label of institutional discrimination’ (O'Brien, : 28). The original local and collectivist vision underlying the PSEDs utilised a system of ‘reflexive regulation’ (Hepple, ; O'Brien, : 487) in which cooperation between stakeholders—managers, employees, service users and unions—was emphasised over coercion and, in contrast to, adversarial litigation. This potentially provided unions with a new role: facilitating participation and engaging with employees and service users to establish an evidence base upon which codes of practice would be based.…”

Section: Changes In Equality Law: Devolving Responsibilitiesmentioning

confidence: 99%

“…However, while acknowledging ‘the pioneering work of trade union equality representatives’ (Discrimination Law Review, : 11), Labour failed to provide them with statutory rights to time off to perform their role. The subsequent election of a Coalition of Conservatives and Liberal Democrats, hostile to union facility time and many of the more progressive and proactive provisions of the EqA, has since made this aspiration even less realisable (Fredman, ; Hepple, ).…”

Section: Introductionmentioning

confidence: 99%

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Devolution and disabled workers: the experiences of union equality representatives in Wales

Foster

2015

Industrial Relations Journal

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In contrast to the Coalition Government, the Welsh Assembly embraced the original objectives of the Public Sector Equality Duty and provided financial support to develop a network of union equality representatives (ERs). With reference to ER support for disabled workers, this article examines the role of devolution in equalities bargaining.❒ Deborah Foster is a Senior Lecturer in Employment Relations, Cardiff Business School. Correspondence should be addressed to Deborah Foster, Cardiff Business School

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Section: Changes In Equality Law: Devolving Responsibilitiesmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Devolution and disabled workers: the experiences of union equality representatives in Wales

Foster

2015

Industrial Relations Journal

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“…This saw some dilution in terms of leverage of the duties. A requirement to consult (under the race and gender duties) and even 'involve' (under the disability duty) interest groups such as unions has been replaced with an unenforceable non-statutory guideline (Hepple, 2011). This severely diminishes the likelihood of consequences of not involving trade unions in formulating organisational responses to the public sector equality duty and thus limits the scope of the duty as a tool to get employers to the bargaining table.…”

Section: The Context Of Equality Bargaining In Local Governmentmentioning

confidence: 99%

“…This severely diminishes the likelihood of consequences of not involving trade unions in formulating organisational responses to the public sector equality duty and thus limits the scope of the duty as a tool to get employers to the bargaining table. Indeed, Hepple (2011) argues 'there is not enough carrot or stick to make engagement with interest groups an essential feature of the public sector equality duty' (p. 332).…”

Section: The Context Of Equality Bargaining In Local Governmentmentioning

confidence: 99%

Equal pay bargaining in the UK local government sector

Oliver

Stuart

Tomlinson

2014

Journal of Industrial Relations

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This article explores recent developments in equal pay bargaining in the UK local government sector. It situates equal pay bargaining against the implementation of a new single status agreement designed to promote equality at work and the supporting regulatory lever of the Gender Equality Duty. The implementation of single status has been fraught with tensions, despite the government's encouragement for an integrative approach by employers and unions. In simple terms, the cost of equal pay settlements has constrained and stalled implementation. Yet the bargaining environment has also become more complex, with a proliferation of strikes over equal pay claims and increased recourse to litigation. While recent legal judgments pose potential challenges for how unions represent members, bargaining within the sector over equal pay claims is likely to become increasingly litigious.

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“…This is the case because of the particular context in which corporate HRIAs will be undertaken -against a backdrop of generally poor human rights self-regulatory mechanisms that have been largely ineffective in the past, a deeply sceptical civil society and a limited shared understanding of what the HRIA process does, or should, entail. Yet it is also true more generally that other commentators on reflexive and 'soft' regulatory instruments have identified the importance of ensuring effective stakeholder engagement and meaningful monitoring of practice as vital to the successfulness of such endeavours (Braithwaite 2008;Hepple 2011).…”

Section: Concluding Thoughtsmentioning

confidence: 99%

Establishing a meaningful human rights due diligence process for corporations: learning from experience of human rights impact assessment

Harrison

2013

Impact Assessment and Project Appraisal

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The United Nations Special Representative of the Secretary-General on Business and Human Rights, Professor John Ruggie, has constructed a new international framework, which is set to become the cornerstone for all action on human rights and business at the international level. The principle of human rights due diligence (HRDD) is the central component of the corporate duty to respect human rights within that framework. This article argues that Ruggie's HRDD principle contains the majority of the core procedural elements that a reasonable human rights impact assessment (HRIA) process should incorporate. It is likely that the majority of corporations will adopt HRIA as a mechanism for meeting their due diligence responsibilities. However, in the context of the contentious debate around corporate human rights performance, the current state of the art in HRIA gives rise to concerns about the credibility and robustness of likely practice. Additional requirements are therefore essential if HRDD is to have a significant impact on corporate human rights performance -requirements in relation to transparency; external participation and verification; and independent monitoring and review.

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Enforcing Equality Law: Two Steps Forward and Two Steps Backwards for Reflexive Regulation

Cited by 45 publications

References 0 publications

Devolution and disabled workers: the experiences of union equality representatives in Wales

Devolution and disabled workers: the experiences of union equality representatives in Wales

Equal pay bargaining in the UK local government sector

Establishing a meaningful human rights due diligence process for corporations: learning from experience of human rights impact assessment

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