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Two strikes and you''re out for ''No DSS''?

In this edition, Commission solicitor David Faith blogs on the impact of two recent County Court decisions on the so-called 'No DSS' policy.? These courts found examples of this policy to be indirectly discriminatory towards women and disabled people as they are more likely to be in receipt of benefits.? David looks at the background to these decisions and considers their potential impact.

Introducing a new resource on article 14 of the European Convention on Human Rights

In this article, Commission solicitor Lindsey Reynolds explains the methodology behind, and summarises the conclusions of, two innovative pieces of work relating to article 14 of the European Convention on Human Rights, which will be of interest to practitioners in this field.?

These new resources are produced by the working group 'Equality Law in Practice' - Equinet's permanent platform for legal staff of equality bodies. The group have recently completed a focused study of article 14 ECHR, the non-discrimination principle.?This has resulted in two publications.?

The first is a Compendium of article 14 cases from the European Court of Human Rights.? It analyses 37 recent cases that fall within the remit of article 14 and have relevance to the work of equality bodies.?The expertise developed during the study period contributed to Equinet's first third party intervention in the European Court of Human Rights in the case of Toplak and Mrak v Slovenia, concerning accessibility of polling stations to disabled people, which is also available on Equinet's website.

News

Children''s rights introduced to Holyrood

The UNCRC (Incorporation) (Scotland) Bill has been introduced to the Scottish Parliament.

The bill seeks to incorporate the UN Convention on the Rights of the Child (UNCRC) directly into domestic Scots law.?The introduction will make it unlawful for public authorities to act incompatibly with the incorporated UNCRC requirements. By imposing these compliance duties, this will give children, young people and their representatives the power to go to court to enforce their rights.

Additionally, the bill gives power to the Children's Commissioner to take legal action in relation to children's rights.

A Children's Rights Scheme will require to be produced by Ministers.?This will involve setting out how they comply with their obligations regarding children's rights, and report annually. Listed public authorities will also have to report every three years on how they comply with their obligations regarding children's rights.

Further information on the incorporation of the UNCRC is available from The Children and Young People's Commissioner and Scottish Parliament.

EHRC launches new guidance for retailers to do more to help disabled customers

In response to growing concerns over the accessibility of supermarkets and retailers, we have?published new guidance to help the industry better assist disabled customers, which is of particular importance during the pandemic.

The four step guide aims to ensure that retailers do not discriminate against any customers using their service either in-store or online and serves as a reminder of the duty to make reasonable adjustments.?The legal requirements still apply during the coronavirus pandemic, when many retailers will be adapting how they deliver their services due to social distancing and online delivery slot pressures.?

Adviser Support

If you are an adviser, solicitor or anyone else who works with people who might have been discrimination against,? EHRC Adviser Support can provide you with expert advice on equality and human rights law.? To get in touch with someone in our legal team, you can reach us on 0141 228 5990 or at scotlandadvisersupport@equalityhumanrights.com

Contact us about a case

We are interested in hearing from solicitors, advocates and advisers who are bringing cases which we may consider funding or in which we may intervene.?To speak with our legal team about a case or issue,?call us on 0141 228 5951 (Monday to Friday).

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Marking ten years of the Equality Act

2020 marks a decade since the implementation of the Equality Act 2010. In October 2010, it replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. The Act helps to make Britain an open, equal and inclusive society where everyone is offered a fair chance in life.?

Whilst we know the journey is far from over, we're proud of how far Britain has come to protect people from discrimination. From equal pay to same sex marriage, hard won rights have changed the way people can live their lives for the better.

We know the job is not done and that's why we marking the tenth anniversary of the Equality Act by calling on you to not just celebrate progress to date but to help continue this legacy. The ten-year anniversary of the Act is a key opportunity to engage the public on all that the UK has achieved on equality and on the progress which needs to continue. The Equality Act protects us all from discrimination on the basis of any of the nine protected characteristics identified by UK law: Age, Disability, Gender reassignment, Marriage and civil partnership, Pregnancy and maternity, Race, Religion or belief, Sex and Sexual orientation.

Over the coming months you'll see us and our partners using the distinctive Equality Act 10 branding to commemorate the anniversary of the Equality Act, as well as highlighting other key moments of progress on the ongoing path to equality. The branding is free to use for anyone wanting to celebrate the anniversary of the Act - please email sian.lambert@equalityhumanrights.com if you'd like more information.?

Assessing?Home Office compliance with the Public Sector Equality Duty whilst implementing?hostile environment policies

We are using our enforcement powers to assess how the Home Office considered the impact of its so-called 'hostile environment' immigration policies on the Windrush generation. We want to know how and whether the department met its Public Sector Equality Duty (PSED) obligations when developing, implementing and monitoring these policies. These policies?required additional proof of immigration status and led to the serious injustices experienced by the Windrush generation and their descendants.

We have now published the Terms of Reference for our assessment, which is being carried out under Section 31 of the Equality Act 2006.?Based on the findings of our assessment, and in consultation with individuals affected, race equality leaders and other partners, we will make recommendations to the Home Office. These will be used to inform the Home Office's policies and procedures in the future. We will complete the assessent by September 2020.

As part of this assessment, we are now receiving the views of representative groups and organisations of Black members of the Windrush generation, as well as affected members of that group, to understand what the Home Office did to understand the impact of its policies and practices and make recommendations to inform the department's future policymaking.

Police to end controversial data extraction after legal challenge by rape survivors

We welcome the recent announcement by the National Police Chiefs Council that they are?withdrawing the current digital data extraction forms controversially used in rape and sexual offence cases. This?announcement follows a legal challenge brought by Centre for Women''s Justice and funded by us which argued that the use of these forms was unlawful, discriminatory and led to excessive and intrusive disclosure requests.

Last year the National Police Chiefs Council, the Crown Prosecution?Service and the College of Policing published guidance on the collection of digital data from the phones of alleged victims of rape or sexual assault. This caused concern that victims?were essentially being required to hand over all their personal data before an investigation could proceed.

The Information Commissioner recently published a?report?on 'Digital Data Extraction' which expressed concern?that consideration was not being given to proportionality or necessity when requests were made for victims to hand over their full digital data history. The ICO report followed an 18-month investigation, which reviewed a number of different police forces' procedures for extraction of mobile phone data and found 'no evidence' of police officers considering less intrusive alternatives to mobile phone extraction.?

The National Police Chiefs Council have now said that searches of digital devices should not be automatic and will happen only when the investigating officer or prosecutor considers there to be a need to access information to pursue a reasonable line of enquiry.

"Digital data extraction forms are an invasion of privacy at a time when victims of crime are at their most vulnerable. There is no evidence that they are necessary in building a case. As they are predominantly applied to survivors of rape or sexual assault, they disproportionately impact on women and act as a discriminatory barrier to justice.

"We are proud to have assisted in the challenge by two brave claimants who brought this issue to the fore with the Centre for Women's Justice. We welcome the decision from the National Police Chief's Council and hope it leads to improving confidence in the justice system on the part of survivors of sexual assault."

Rebecca Hilsenrath, Chief Executive, Equality and Human Rights Commission

LNER to improve services for disabled travellers

Train operating company LNER has entered into a legal agreement with us to improve its service for disabled passengers.

We funded legal action against LNER from a visually impaired customer who received inadequate support and assistance whilst travelling with the service. Since the conclusion of the legal action, we have been working with LNER to improve how they support disabled passengers to use their trains, with a focus on their Passenger Assist offer.

This agreement, signed by us using our powers under Section 23 of the Equality Act, means that LNER must carry out the changes they have agreed and will be subject to a higher level of scrutiny to ensure that they are not discriminating against disabled passengers. LNER has now said it aims to be the most accessible rail operator in the UK.

Court rules that landlords cannot refuse to let to benefit recipients

In a case funded by us and taken by homelessness charity Shelter (with support from the Nationwide Foundation), York County Court has ruled that a housing agent who refused to let any properties to a single mum who receives housing benefit acted unlawfully, as their policy was indirectly discriminatory against women and disabled people.

This means that private landlords and letting agents must drive out ''no DSS'' policies for good, or risk legal action if they continue to bar benefit recipients from renting.

''No DSS'' policies put in place by landlords and letting agents prevent recipients of housing benefits from renting properties they could otherwise afford. Women and people with disabilities are more likely to be in receipt of housing benefits and this policy therefore disproportonately impacts those people.?

Fresh perspectives for a new age

In an opinion piece on the future of work, our Deputy Chair Caroline Waters argues that the coronavirus pandemic has shown us that it is possible for successful careers to co-exist with a fulfilling life where we make time for family and friends. And, as?we slowly emerge from the pandemic, we have an opportunity to supercharge progress and design a more equitable future for everyone.

Webinar:?Ensuring your coronavirus response is inclusive of all - how the Public Sector Equality Duty can inform your actions

Do you work in the public sector in England, particularly in local government or health and social care? Do you want to learn more about using the Public Sector Equality Duty (PSED) to ensure your organisation is practically considering and responding to the needs of people with different protected characteristics as you respond to the COVID-19 pandemic?

Join our free webinar on?Wednesday 2 September?to hear from?representatives from the Equality and Human Rights Commission, the Care Quality Commission and Devon County Council.?This session will explore how duty-bearing organisations can use the PSED to ensure that they are practically considering and responding to the needs of people with different protected characteristics, both as they respond to the pandemic and in its aftermath.

These are unprecedented times and there is no one response that is ''right'' - our webinar will give you top tips of how to make decisions which take into account the potential impacts on people with different protected characteristics. You''ll also hear from colleagues about the practical actions they are taking to uphold equality and human rights in this rapidly changing environment. We also encourage delegates to share their own experiences and expertise.?

This webinar is particularly relevant for colleagues with strategic responsibility for adherence to Public Sector Equality Duty and/or Equality & Diversity experts working in local or regional authorities or in health and social care settings in England. It may also be of interest to representatives from central government and other local or regional public sector organisations, as well as those from private and not-for-profit sector organisations who deliver services for public bodies. This session is aimed at organisations working within England, as requirements differ for those who operate in Scotland or Wales.

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How the criminal justice system is failing disabled people

Earlier this month we published the results of our Inclusive Justice inquiry into whether the criminal justice system treats disabled people fairly, particularly those with?cognitive impairments, mental health conditions and neuro-diverse conditions. The full inquiry report follows the publication of interim findings in April, as the coronavirus pandemic caused?a large uptick in remote hearings.

Our inquiry found that?the system is not systematically recognising the needs of disabled people, meaning defendants and accused people risk not being able to participate properly in the legal process.?

We also found that?increased digitalisation of the system threatens disabled people's access to justice,?as it risks them being even less able to understand what is happening than when they are participating in person. We have therefore stressed?the urgency of reform of the system to meet disabled people's needs, in turn improving it for all court users.

The report makes five accompanying recommendations to the UK and Scottish Governments and relevant agencies:

• ensure departments and executive agencies address gaps in the collection, monitoring and analysis of disability data, and ensure there is clear regulatory oversight to monitor their effective participation
• develop early and effective screening for all defendants and accused people and give consideration to how screening might work for those involved in criminal proceedings where the route does not involve the police and/or custody
• ensure timely access and sharing of information
• support the duty to make reasonable adjustments and respect fair trial rights
• ensure initial professional qualification training for law students includes disability awareness, all relevant codes of conduct and standards are amended to specifically include disability awareness as a professional requirement, and disability awareness is a mandatory element of continuing professional development for those working in criminal law.

Learn more about delivering inclusive justice

Following publication of our Inclusive Justice report and the rise in virtual hearings during the coronavirus pandemic, we are joining other legal experts for two forthcoming webinars on how to ensure inclusive justice.?

Remote Hearings: Risks and Opportunities for Effective Participation

EHRC Scotland will be joined by Scottish legal experts to explore?the risks and opportunities for equality & human rights with the expansion of remote hearings in the justice system.

This event will be of interest to civil and criminal legal practitioners, organisations which support court and tribunal users and to academics with an interest in access to justice issues.

Free webinar on?Thu?2 July 15.00-16.30.

Virtual hearings - discriminatory justice or a revolution in access?

Join Transform Justice and speakers, including Angus Cleary from the EHRC, to discuss the rise in virtual criminal hearings and its consequences.

During the pandemic more and more defendants have appeared on video from police stations and prisons, and few lawyers have been able to consult with their clients face to face. Panellists will explore the?effect this has on justice.?

Free webinar on?Wed?8 July 17.00-18.30

As part of our inquiry into whether the justice system treats disabled defendants fairly, we spoke to Alex Preston, a criminal defence solicitor from Olliers Solicitors. Here, she shares her experience of representing disabled clients and those with mental health conditions in the criminal justice system.

Inquiry into the impact of coronavirus on black and ethnic minority communities

The coronavirus pandemic has shone a light on long-standing, structural race inequality in Britain, and raised serious issues that have yet to be fully answered.?Because of this, the Commission is?to undertake an inquiry into the impact of the pandemic on black and other ethnic minority people.??

This in-depth analysis will help develop clear, evidence-based recommendations for urgent action to tackle entrenched racial inequalities in a specific area. It will also take account of the differences and opportunities in England, Scotland and Wales. ?

The decision to use our legal powers in this way builds on our previously published Roadmap to Race Equality, which called for a government-wide strategy to address long-standing racial inequalities in all areas of life, focusing on education, employment, health, housing and criminal justice.?

These underlying inequalities are deep-rooted issues that we identified in our report Healing a Divided Britain, and have been thrown into sharp focus and exacerbated by the coronavirus pandemic. We will focus on a specific area to highlight the cumulative impacts on people from different ethnic minorities and recommend the urgent action that needs to be taken. This will help to ensure these inequalities are tackled once and for all, so that the disproportionate impact we have seen can never happen again.?Terms of the inquiry setting out the detail will be published in the coming weeks.

Commission uses legal powers to review Home Office actions affecting the Windrush generation

How SMEs can embrace equality and inclusion through coronavirus and beyond

The last few months have been extremely challenging for all businesses and at the Commission we''ve provided guidance so employers can ensure they are not being discriminatory as they respond to the pandemic. We recently took part in a CBI webinar with business leaders from small and medium enterprises and?our Compliance Director Jackie Killeen has written an article summarising what SMEs should consider.?

Recruitment starts for new Commission Chair and board members

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Beyond Tolerance

Breaking the silence on LGBTI rights

As current Chair of the CFNHRI, David Isaac?highlights the challenges faced by LGBTI people during the coronvirus pandemic, the resilience of LGBTI communities and the important role played by National Human Rights Institutions and international networks in upholding human rights during a time of global crisis.

Upholding sexual orientation and gender identity rights around?the world

"The ultimate goal is for all people to be treated equally and for everyone to recognise that LGBTI people have the same human rights as everyone else."

Kyriacos Kyriacou, Office of the Commissioner for Administration and the Protection of Human Rights, Cyprus

"Cultural mindsets are the biggest barriers to progress. We need to remind people that human rights are universal and apply to everyone regardless. Everyone should be treated with respect and equality."

Charles Dean, National Human Rights Commission of Samoa

Over the last year, the Eswatini Commission on Human Rights and Public Administration Integrity has held engagement sessions with members of the LGBTI community, to make them aware of their rights, and hear about their everyday experiences of discrimination.?

Important guidance for employers during the coronavirus crisis

Making reasonable?adjustments during COVID-19

Whilst working situations may have changed, employers'' duties to make reasonable adjustments for disabled employees or those who have long-term health conditions have not.?

Our guidance gives employers simple instructions on the adjustments they must make and what to do if adjustments are not possible.?

Duties on pregnancy and maternity during COVID-19

Unless a pregnant employee needs adjustments to working conditions for health and safety or pregnancy related reasons, you should treat them the same as any other employees.

Our guidance offers simple do''s and don''ts for employers to help them ensure they don''t discriminate against those who are pregnant or on maternity leave.

Our impact in 2019-2020

Our impact report tells the story of how we have used our unique powers over the last year to?stand?up for freedom, compassion and justice in changing times.

As well as summarising our enforcement, investigation and compliance activities, the report focuses on the human impact of our work, telling the stories of some of those whose lives have been changed for the better.

"Many parents who have SEND children do not have the energy, let alone the funds, to fight in the courts. We are all just trying to stay afloat and keep our
families together, which is not always easy.

"We would like to thank the Equality and?Human Rights Commission for funding?this case to protect vulnerable children.?Without their support, our society will?not progress to become tolerant and understanding of the diverse needs of?SEND children."

Father of Bobby, child with special educational needs who was unlawfully excluded from his school

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Retailers told to do more to help disabled customers

In response to growing concerns over the accessibility of supermarkets and retailers?ahead of a potential second wave of restrictions, earlier this month we published new guidance to help the industry better assist disabled customers during the pandemic.

The guidance has been sent to CEOs of supermarkets and retail consortiums alongside a letter from our Chief Executive, Rebecca Hilsenrath, outlining their legal obligations to help disabled customers.

The new guidance includes four steps and is accompanied by infographics to ensure retailers are clear on their obligations:

1. Provide a service that meets the needs of all customers - anticipate, prepare and make reasonable adjustments for disabled customers.
2. Plan ahead to think about the needs of your disabled customers - consider and make changes to policies and procedures, as well as provide extra support and equipment, where necessary.
3. Communicate with your customers - inform customers about how they will be supported through a variety of ways such as easy to read signs and spoken announcements.
4. Train your staff - ensure that staff are supported with the right tools to help disabled customers, in line with the latest government guidelines on coronavirus (COVID-19).

On publishing the new guidance, Rebecca Hilsenrath said:

"Shopping has changed for everyone during the pandemic. We've read extraordinary stories of the efforts made by retailers and by voluntary groups to provide help where it was needed. Nevertheless, a task which already carried particular challenges and barriers for disabled people has become almost impossible for some.

"We have heard of a range of concerns, from long queues with no rest places, to lack of awareness about particular health conditions that mean people are exempt from wearing a mask.?Coronavirus has exposed some of the worst inequalities in our society and disabled people are facing particular hardship.

"No matter what decisions and actions are made, all retailers have a legal duty to abide by equality law. It is essential that disabled people are not left behind as retailers continue to meet the challenges of the ongoing pandemic."

A decade of the Equality Act 2010

October 1st marks ten years since the Equality Act 2010 came into force.?The Equality Act 2010 cemented Britain's reputation as a world leader on equality. It strengthened and extended protections for minority groups and unified anti-discrimination law in one place.

The Act brought together over 116 separate pieces of legislation into one Act, providing clarity for us all on the protections we can expect when at work, in education, accessing services, taking transport and really just living our day-to-day lives. It covers everyone in Britain and protects people from discrimination, harassment and victimisation.?

Despite significant progress, many people remain disadvantaged in Britain today and there is room for improvement.?Whilst we know the journey is far from over, we're proud of how far Britain has come to protect people from discrimination. From equal pay to same sex marriage, hard won rights have changed the way people can live their lives for the better and the Equality Act played an important role in cementing that progress.

Throughout October we''ll be marking the anniversary of the Act by explaining some of the protections it provides and highlighting some landmark legal cases on our social channels - follow the hashtag #EqualityAct10 to find out more and join in the conversation.?

Ahead of the anniversary our Interim Chair Caroline Waters spoke to D & I Leaders alongside other experts to reflect on?what has been achieved over the?last decade and where next for equality.

Free webinar: Where next for equality at work?

Caroline will be continuing the conversation on the impact of the Equality Act and where next for progress on equality and diversity on 14th October with a free webinar hosted by D & I Leaders. She''ll be?joined by a expert panel of Mark Lomas (HS2), Paul McFarlane (Capsticks), Pauline Miller (Lloyd''s) and Prof Sue Yeandle (CIRCLE).

New guidance to help employers support domestic abuse victims

Whilst the coronavirus pandemic has seen increased reports of domestic abuse, recent research by the CIPD has found that less than a quarter of employees are aware of what, if any, support they can get from their employer if they experience domestic abuse. ?

We have worked with the CIPD to publish new guidance for employers on how to recognise and support staff who are experiencing domestic abuse. We are now calling on all organisations to take a more active role in supporting those experiencing domestic abuse by having a well-publicised policy and framework of support in place and proactively making staff aware of the help that is available.?

With more people working from home or facing restrictions on their interactions with others as a result of the pandemic, escape routes or time apart from an abuser may be dramatically curtailed. As a result, employers need to further consider the support they can offer to anyone experiencing domestic abuse.

Employers are not asked to 'solve' the problem, but to enable their employees to access professional support. Our new guide, Managing and supporting employees experiencing domestic abuse, sets out a four-step framework of what employer support could look like:

1.?? ?Recognising the problem
2.?? ?Responding appropriately to disclosure
3.?? ?Providing support
4.?? ?Referring to appropriate help

We are also joining CIPD in backing UN Women's call for employers to offer ten days of paid leave to anyone experiencing domestic abuse, which could go a long way to supporting an individual if they are struggling to do their work or need to access essential services.

Employers taking action on domestic abuse saves lives and jobs

EHRC Interim Chair Caroline Waters explains that when employers take action on and respond to domestic abuse, it can save lives and jobs. The workplace can be a sanctuary from abuse at home or a safe place to turn to for support but if employers?wait for something to happen, they've waited too long already.

Grammar schools warned not to discriminate against disabled children

Ahead of this year''s?11+ entry exams, we have written to all grammar schools in England to warn them?not to discriminate against disabled children. The warning comes following a successful legal challenge by a disabled child, which we funded.

The child, who cannot be named for legal reasons, has a vision impairment and an Education Health and Care Plan (EHCP) specifying the adjustments he needs in school. Despite this, he was unable to sit an entry exam to a Berkshire grammar school when the adjustments weren't made.

The boy's parents applied for him to take the 11+ entry exam for Reading School but accepted an offer for him to sit the exam at a different school, which was closer to home, but was also part of the Slough Consortium of Grammar Schools. The day before the exam, the school said they couldn't make the adjustments that had been requested, including larger fonts on the exam paper, saying they would cost in excess of ?2,000.

The case was referred to us by the Royal National Institute of Blind People (RNIB) through our advice for advisors helpline. RNIB Connect Radio has produced a programme exploring the implications of this case for other disabled children.?

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EHRC Scotland is seeking new members of our committee - can you help us find great applicants?

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Articles

Covid-19: the equality response

Concerned that COVID-19 and the responses to it may exacerbate existing inequalities across all areas of life, this month's article focuses on how the Equality & Human Rights Commission will work to support disadvantaged groups.?Cameron-Wong McDermott discusses the impact of the pandemic across health and social care, work, living standards, education and access to justice.

News

EHRC announce assessment of?Home Office's hostile environment policies

We have launched an assessment of how the Home Office complied with equality law when implementing the hostile environment?immigration measures.? These policies had?serious effects on the group known as the Windrush generation and their descendants.

Drawing on the findings from the Wendy William's Review, our assessment under section 31 of the Equality Act 2006 will examine whether, and how, the Home Office complied with the?Public Sector Equality Duty to understand?the impact of its policies on the Windrush generation.?

No DSS policy ruled unlawful in landmark victory

On 2 July 2020, York County Court ruled that ''No DSS'' (Department for Social Security) letting bans are indirectly discriminatory and therefore unlawful.?Despite this being an English case, these findings of discrimination will have a UK-wide impact.

In a case pursued by Shelter with funding from the Equality and Human Rights Commission, the court found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her because she was receiving social security benefits.?This was despite her having nine years' references and being able to pay up to six month's rent in advance.

The ruling of indirect discrimination is due to the fact that women and those with disabilities are disproportionately more likely to be in receipt of housing benefit, and therefore disproportionately affected by blanket 'No DSS' bans.

Although this is an English County Court order, and so not binding on Scottish Courts or Tribunals, it is the first time any court has held that a ''No DSS'' policy is unlawful as being indirectly discriminatory.?As such, it may have significant impact on the use of such policies in Scotland.

You can read about the background and details of this case on the Legal case database of our website.

Events

Watch EHRC Scotland webinar - 'Remote Hearings: Risks and Opportunities for Effective Participation'

On Thursday 2 July, the Commission in Scotland hosted a webinar to discuss the risks and opportunities for effective participation posed by the recent expansion in use of remote hearings, not just in criminal courts but in many other justice settings.

Speakers at the event included John Scott QC (President of the Society of Solicitor Advocates); May Dunsmuir (President of the Health and Education Chamber of the First-tier tribunal for Scotland); Sarah Craig (Senior Lecturer in Public Law, University of Glasgow); and Catherine Smith (Vice-Chair of JUSTICE Scotland).

Over 250 people accessed the event online and participated in a Q&A session with the speakers.

Publications

Coronavirus (COVID-19) and the equality duty

To help listed authorities integrate equality considerations into their decision-making, the EHRC has produced a guide which outlines the steps that should be taken to comply fully with the duty to assess impact and have due regard to the needs in the general equality duty in the wake of the COVID-19 pandemic.

Earlier this year, the Scottish Government published its?Framework for Decision-Making, which was?supplemented with further information?in early May.? The Framework outlines the approach and principles that will guide the Scottish Government as it makes decisions about transitioning out of the current lockdown arrangements.

The PSED or 'general equality duty' requires public authorities, when you are carrying out public functions, to have due regard to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.? Listed authorities in Scotland?must assess the equality impact of proposed and revised policies and practices.? The phrase 'policies and practices' covers all the proposed or current activities which you carry out. Doing so is a legal requirement and helps to meet the general equality duty.

Our COVID-19 Reading List

We have put together a selection of key books, journal articles and official documents on the coronavirus (COVID-19) pandemic with an emphasis on equality and human rights issues as published up to 30 June 2020.? As this is a fast-changing situation with new analyses emerging all the time, the list will be updated on an ongoing basis.

Do you have anything to add?? We will be gathering new evidence on the equality and human rights dimensions of?coronavirus as they are made available.? If you have anything to add to our collection, we'd love to hear from you.? Please send any relevant published evidence or publications relating to coronavirus?(including relevant web links) to: library@equalityhumanrights.com?

Adviser Support

If you are an adviser, solicitor or anyone else who works with people who might have been discrimination against,? EHRC Adviser Support can provide you with expert advice on equality and human rights law.? To get in touch with someone in our legal team, you can reach us on 0141 228 5990 or at scotlandadvisersupport@equalityhumanrights.com

Contact us about a case

We are interested in hearing from solicitors, advocates and advisers who are bringing cases which we may consider funding or in which we may intervene.?To speak with our legal team about a case or issue,?call us on 0141 228 5951 (Monday to Friday).

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Report to?the UN Convention Against Torture: military personnel must be held accountable for crimes committed overseas

In our?follow up report to the United Nations Committee Against Torture (CAT), we are calling for the UK Government to withdraw plans that could make it more difficult to hold UK military personnel to account for crimes (including torture and ill-treatment)?committed overseas. We are concerned that?the Overseas Operations Bill, introduced by the Government in March 2020, would create a time limit for claims of torture or ill-treatment. This is widely recognised as being incompatible with international human rights standards.

In June 2019?CAT specifically recommended that the UK should not introduce legislation which would grant amnesty or pardon for UK personnel where torture is concerned. We are pressing?the Government to withdraw proposals that would prevent a criminal case being brought against members of the UK forces after five years, without special consent from the Attorney General.

Our submission to CAT specifically focuses on the accountability for any torture and ill-treatment committed by UK personnel in Iraq from 2003 to 2009. It also includes recommendations that, if implemented, would see the UK strengthen its commitment to the international human rights framework and the Convention against Torture.

Our full report, including recommendations, has been submitted to CAT as part of the sixth periodic report of the United Kingdom and Northern Ireland.

Research reveals positive attitudes to transgender people

Research commissioned by us and carried out last year as part of NatCen's British Social Attitudes survey has shown that the?majority of the public view transphobia as wrong and believe that they are not personally prejudiced towards transgender people.

Over three quarters (76%) of people surveyed believed prejudice against transgender people was always or mostly wrong. Over 80% of people also believed they were not prejudiced against transgender people. The vast majority of respondents believed that trans people are suitable for roles with a high level of?public responsibility, such as police officers and school teachers.

However,?the research also demonstrates a more nuanced debate when it comes to specific circumstances, such as accessing ''single sex'' services including women's refuges and the use of public toilets. Whilst a majority of respondents agreed that they were comfortable with trans women having access?to these spaces, the percentage of those who were comfortable or very comfortable with this had fallen in the three years since a similar survey was last carried out.?

Our position on Gender Recognition Act reform

Our Chief Executive Rebecca Hilsenrath writes that?we must build?an environment where the issues raised by GRA reform can be freely discussed, in an atmosphere of tolerance, dignity and respect, whilst reiterating?the Commission''s position on Gender Recognition Act reform. In her blog she also?calls for changes to?the requirement for spousal consent on the continuation of the legal relationship when a trans person is seeking a Gender Recognition Certificate in England and Wales.?

Sainsbury''s takes action to eliminate harassment

Leading supermarket Sainsbury''s has signed a legally binding agreement with us to take concerted action to prevent harassment in its workplaces. This follows an employment tribunal case taken by a member of its staff, where the supermarket was found liable for sexual harassment.

Whilst we recognised that the household name had made improvements to its understanding, policies, practices and procedures since the judgement, we reached the view that further progress could be made and, as an alternative to an investigation, suggested an agreement. Sainsbury''s willingly agreed to work with us to ensure that similar incidents cannot happen again in future.

The supermarket has now signed a Section 23 agreement (under the Equality Act 2006) which requires it to take all reasonable steps to prevent its employees from committing harassment, including:

• Preparing a discrimination guide for line managers and employees
• Advising staff on how to deal with harassment through internal communications
• Establishing more effective mandatory training for its workforce
• Providing regular reports to us on its progress

The agreement will last for eighteen months from this summer.

DWP to improve service access for disabled customers

Following complaints that they did not provide interpreters for deaf customers accessing their services by telephone, the Department of Work and Pensions (DWP) have come to a legally binding agreement with us to improve their service to disabled clients.

Through our helpline for advisers, a complaint was raised on behalf of four hearing-impaired people who had?faced difficulties in dealing with staff from DWP and Serco who didn't know how to arrange sign language interpretation.?

DWP have now committed to an action plan to address the problems and to improve access to its services for disabled customers.?

This agreement commits DWP to:?

• Providing a Video Relay Service (VRS) across telephony services for all benefits and services.?
• Ensuring customers can easily locate what they need in order to request information in alternative accessible formats.
• Improving their customer information system so disabled people's communication needs are recorded and shared.
• Improving the use of Equality Analysis in the design and delivery of all changes.

We will monitor DWP's action plan on a monthly basis.?

Help us improve the guidance we provide to organisations in England subject to the Public Sector Equality Duty

Do you work in the public sector in England? We are asking colleagues from organisations in England which are bound by the Public Sector Equality Duty to provide us with some feedback to inform the guidance and resources we provide. Please take five minutes to complete this short survey to inform our plans.?

Last chance to book:?Ensuring your coronavirus response is inclusive of all - how the Public Sector Equality Duty can inform your actions

Join our free webinar on?Wednesday 2 September?to hear from?representatives from the Equality and Human Rights Commission, the Care Quality Commission and Devon County Council.?This session will explore how duty-bearing organisations in England can use the Public Sector Equality Duty to ensure that they are practically considering and responding to the needs of people with different protected characteristics, both as they respond to the pandemic and in its aftermath.

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