Response to the Equalities Review Report: Fairness & Freedom

Sam Mercer, Director of The Employers Forum on Age, responds to the Equalities Review Report: Fairness & Freedom

The publication of the final report of the Equalities Review: Fairness and Freedom, generated headlines putting working mothers with young children, women of Bangladeshi origin and the disabled at the top of the tree for disadvantage and discrimination – specifically in accessing work.
But this report is about much more than simply providing a hierarchy of the disadvantaged. It examines the root causes of inequality and the societal and economic consequences of not tackling disadvantage and discrimination. For this reason this report should be required reading for all CEOs and Boards.
Our members have welcomed the recognition within the report that legislation can sometimes prevent organisations taking steps to address inequality. It makes a strong case for voluntary action which will support people within organisations who have been striving to embed equality and diversity and provides a business case for extending flexible working opportunities.
Demographic change is having a significant impact on inequality, and disadvantage while young (in education and employment) exacerbates disadvantage when older. As a society with an ageing population, we much tackle this; we can’t afford for people to be out of work and unable to save during their working lives, as this will increase pressure on the state to provide for an extended retirement. For UK plc as both employers and suppliers, this report makes a powerful argument for change.
The subtle challenges we face in promoting culture change on ageism are also explored. The report concludes that when groups are perceived as less ‘threatening’ a benevolent prejudice can develop. This translates into patronising and negative treatment which can affect people at either end of the age spectrum. For example, reluctance to performance manage older people, or the failure to promote younger people who may not be perceived as able to cope with the stress.
There are specific recommendations within the report which EFA members are broadly supportive of. The single equality act is promoted as one of the ways to tackle entrenched and multiple discrimination. And certainly, if it results in a simpler legal framework this would be a great advantage for employers. However, our members are concerned that regulations against age discrimination are in their infancy and it is vital to allow time for any problems with the legislation to be ironed out before there is an extension. Likewise, an integrated public sector duty to promote equality, or Single Equality Scheme, for the public sector which is focussed on outcome and not process, could have a significant impact in tackling long term inequality.
Our members are more sceptical of extending duties to report performance to the private sector. Statistics and workforce profiles can be misleading and do not always indicate discrimination is taking place. Age profiles, for example, can be distorted by factors totally unrelated to equality. We fear this type of duty could lead to ‘positive discrimination’, particularly in SMEs, and could inevitably lead to ‘quotas’ in the private sector – whether that was the original intention or not.
It has long been true that the highest profile employers attract the highest profile discrimination claims and this is one of the reasons we are concerned about the proposal to establishing a ‘Black List’. While we understand the frustration that lies at the heart of this proposal of a ‘black list’ of employers who have systematically ignored equality, there is a risk that many unknown smaller employers that ignore the law, continue to act without sanction.