Government publishes call for evidence on equality law ahead of major reforms

The Government is calling on employers and other stakeholders to help shape significant reforms in equality law through a newly launched consultation.

The call for evidence, open until 30 June 2025, will inform the forthcoming Equality (Race and Disability) Bill, which is set to introduce sweeping changes impacting how businesses address equal pay, discrimination, and workplace conduct. A link to the statement from Baroness Smith of Malvern, Minister for Women and Equalities, can be found here.

Key areas upon which evidence is sought for the Equality Bill

Equal pay

The call for evidence states that the Government intends to:

• Make the right to equal pay effective for ethnic minority and disabled people.
• Establish an Equal Pay Regulation and Enforcement Unit, with the involvement of trade unions.
• Ensure that employers can no longer use the outsourcing of services to avoid paying equal pay.

Equal pay audits

Under the Equality Act 2010 (Equal Pay Audits) Regulations 2014 (the Regulations), employers found to have committed an equal pay breach must be ordered by the employment tribunal to conduct an equal pay audit unless an exemption applies.

The new call for evidence has the intention of:

• Seeking evidence on the effectiveness of the Regulations, including how frequently employment tribunals are ordering that audits be conducted and the effectiveness of the consequences for non-compliance.
• Considering whether the requirements to undertake equal pay audits should be expanded to race and disability pay discrimination cases.
• Gathering feedback on the impact expanded audit obligations would have on employers.

Mandatory pay transparency

The government is exploring transparency measures such as:

• Including salary ranges in job adverts.
• Prohibiting salary history questions during hiring.
• Sharing pay structure details with employees.

These steps aim to address pay gaps and promote fairness across race, disability, and gender.

Dual discrimination protections

Section 14 of the Equality Act 2010, which enables direct claims based on combined characteristics (e.g. race and disability), may finally be brought into force.

Sexual harassment prevention

New regulations will specify steps employers must take to prevent sexual harassment.

The Government will only bring forward these regulations where it is proportionate and there is a clear evidence base supporting the efficacy of particular steps in preventing workplace sexual harassment. It seeks evidence of effective steps employers can take to reduce or prevent workplace sexual harassment, including:

• The effective steps employers can take in relation to company culture, staff training, enforcing policies, reporting systems and procedures and recording and investigating complaints.
• How best practice may potentially differ according to an employer’s size, sector, or other factors.

There is also consideration of extending protection to volunteers, with implications for charities and voluntary sector employers.

Public Sector Equality Duty (PSED) and socio-economic duty

The PSED requires public authorities, and non-public bodies exercising public functions, to have due regard to the need to:

• Eliminate discrimination.
• Advance equality of opportunity.
• Foster good relations between different people.

Views and evidence are sought on the extent to which non-public bodies are complying with the PSED when exercising public functions, whether there are barriers preventing them from doing so and whether additional steps are necessary to enable compliance.

Additionally, the socio-economic duty, which requires specified public authorities, when making strategic decisions such as deciding priorities and setting objectives, to give ‘due regard’ to how their decisions might help to reduce the inequalities associated with socio-economic disadvantage, could be implemented in England. The duty already applies in Scotland and Wales.

Can employers take action now to prepare for potential changes to equality law?

The potential reforms to equality law considered in the call for evidence are wide-ranging and would have a significant impact on the workplace. However, as they are at a preliminary stage and further consultations are expected, it will be some time before the draft Bill is published.

Employers can:

• Participate in the consultation, especially if your organisation has practical insights on equality practices, to influence future legislation.
• Audit current practice in preparation: Assess your organisation’s approach to equal pay, transparency, harassment prevention and diversity metrics.
• Stay alert for future developments. The draft bill is expected later in 2025, with additional consultations also likely.