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PRACTICE NOTES
This Practice Note examines the equality action plan regime under the Employment Rights Act 2025 (ERA 2025), including the legal framework, the types of measures employers may be required to include in an action plan, and the scope of employers and workers likely to be affected. It also outlines guidance, practical steps for preparing an action plan, and potential enforcement and compliance issues. ERA 2025, s 33 reserves the power for the government to make regulations requiring employers to develop and publish an equality action plan (EAP) showing the steps that they are taking in relation to their employees with regard to prescribed matters related to gender equality. Prescribed matters related to gender equality are not defined and will likely require further legislation; however ERA 2025, s 33(4) specifically highlights addressing the gender pay gap and supporting employees going through menopause as matters related to gender equality. The obligations will apply to all private and volunteer sector employers as well as the majority of public sector employers with 250 or more employees. Notably, ERA 2025, s 33 does not
PRACTICE NOTES
Statutory framework The Equality and Human Rights Commission (EHRC) is an independent non-departmental public body established under the Equality Act 2006 (EA 2006), which sets out its functions, duties and powers. The EHRC became operational on 1 October 1997, and in doing so replaced three former equality commissions (the Disability Rights Commission, the Commission for Racial Equality and the Equal Opportunities Commission). The EHRC is a non-departmental public body, and as such is distinct and separate from the government, but it is sponsored by the Government Equalities Office and remains accountable for public funds, to that end it produces an annual report and set of accounts for each business year. The work of the EHRC covers England, Scotland and Wales. Northern Ireland is excluded from its remit. For further reading on the framework of the EHRC, see EHRC—governance manual. The commissioners The work of the EHRC is steered by a board of commissioners comprising between 10-15 individuals who are each experienced and knowledgeable in the fields of equality and/or human rights. Each commissioner
PRECEDENTS
1 Equality and diversity Equality Laws • means the Equality Act 2010, any statutory code issued in connection with it (and any supplements to it)[ and associated guidance published by the Equality and Human Rights Commission] [ and all other applicable UK legislation, statutory instruments and regulations in relation to equality and diversity] [
PRECEDENTS
In accordance with our [equality policy], we are fully committed to providing equal opportunities for all employees, workers and job applicants, and to eliminating unlawful and unfair discrimination. We aim to create a culture that encourages and values diversity, and that appoints, rewards and promotes staff based on merit. In order for us to assess how successful our [equality, diversity and inclusion policy] is, we monitor all job applications and recruitment processes. Your responses to the questions set out below will be used only to monitor the effectiveness of our policies and practices, and to ensure that we do not inadvertently discriminate against employees or prospective employees because of ethnicity, disability, gender, sexual orientation, age or religion or belief. The information you give will be kept strictly confidential, and will not
PRECEDENTS
Reasons for believing employee may not have had equality of terms [I believe I have not had equal terms with my comparators because I am employed as a [insert claimant’s job] and receive lower pay than my comparators, who are [insert comparator’s job]. Other [insert claimant’s job] at the establishment where I work are almost exclusively [female OR male]. My comparators are [insert comparators’ job] who are exclusively [male OR female]. They receive productivity bonuses which are not paid to [insert claimant’s job]. OR I am employed as [insert claimant’s job]. My immediate predecessor in this role was [male OR female] and I believe [he OR she OR they] received a higher remuneration package than I do, including bonuses.] Comparators [Set out names or job titles of the chosen comparators] Other questions [Insert any other questions] Entitlement to claim 1 Do you accept that I am [an employee OR a public officeholder OR a personal officeholder]? If you dispute that, please explain your reasons. Period of arrears or damages 1 Do you accept that during the period [insert dates] I [was a minor OR lacked capacity within
GLOSSARY
The principle of equality, specifically non-discrimination, is enshrined in the EU Treaty (art 2) as a principle value upon which the European Union is founded on.
PRECEDENTS
This document set outs the Trustees' policy as to equality, diversity and inclusion (EDI). In formulating their policy, the Trustees have had regard to [employer]'s EDI policy and to The Pensions Regulator's EDI guidance. The Trustees' EDI beliefs The Trustees take EDI to comprise: • Equality: ensuring that all people have equal opportunities, with allowance for the fact that some may start from a position of disadvantage. • Diversity: acknowledging and valuing differences between people, whether based on legally-protected characteristics or otherwise. Legally-protected characteristics include age, disability, sex, sexual orientation, gender reassignment, race, and religion/belief. Other relevant characteristics include neurodiversity, socio-economic background, educational history, life experiences and family responsibilities. • Inclusion: the full and effective participation of all relevant people, drawing on their diverse characteristics for the common good. The Trustees believe that, by promoting EDI, they can help ensure the best possible experience and outcomes
NEWS
Equally Ours has published a joint letter from civil society leaders addressed to the Prime Minister, urging the government to take stronger action in promoting inclusion, equality and racial justice. The letter responds to the increasing influence of far-right violence in the UK and presents five key recommendations aimed at reinforcing equality, human rights and community resilience. It also calls on the government to uphold the Civil Society Covenant introduced earlier this year and to resist pressures that could legitimise far-right narratives. The signatories caution that far-right rhetoric is contributing to division, scapegoating of communities and undermining the rule of law.
GLOSSARY
The Equator Principles are a risk management framework, adopted by financial institutions, for determining, assessing and managing environmental and social risk in projects and are primarily intended to provide a minimum standard for diligence'>due diligence and monitoring to support reasonable decision-making. They apply globally, to all industry sectors and to four financial products: • Project Finance Advisory Services • Project Finance • Project-Related Corporate Loans, and • Bridge Loans
NEWS
The Equator Principles, in collaboration with Arup, has released new sector-specific guidance to support effective application of the Equator Principles to data centre projects. The guidance provides practical support for financial institutions, project sponsors, consultants, and independent experts throughout the project lifecycle by highlighting the technical context of data centre developments, including key environmental and social considerations.
NEWS
Ireland-Banking & Financial Services analysis: This article was written by A&L Goodbody’s Insurance & Reinsurance team. It considers heightened regulatory attention on asset-intensive reinsurance (AIR), also known as funded reinsurance, during 2024 and 2025, highlights the Central Bank of Ireland (CBI) focus ‘at home in Ireland’, and outlines practical ‘triage tips’ for firms engaging with AIR.
CHECKLISTS
Scope and purpose This Checklist sets out the key considerations when drafting, reviewing or negotiating an equipment hire agreement. Equipment hire agreements may also be referred to as equipment leases, equipment rental, operating leases or finance leases. This Checklist uses the term equipment hire agreement for ease of reference. It is drafted from the perspective of the hiring customer under the lease. See also accompanying Precedents: Equipment hire agreement—pro-customer and Equipment hire agreement—pro-supplier. This Checklist seeks to present issues that are aimed to protect the hiring customer’s (or lessee) interests in relation to an equipment hire agreement which has been drawn up by the supplier (or lessor) (as is usually the case with equipment hire agreements). Terms such as ‘lessor’, ‘lessee’, ‘hirer’ and similar do seem to cause a lot of confusion within these types of arrangement. In this Checklist the ‘hiring customer’ or ‘lessee’ is the party who is taking the equipment on lease and the ‘supplier’ or ‘lessor’ is the party who supplies the equipment and in turn is paid a rental fee. This Checklist concerns