Bosses must prove sex bias innocence (Daily Telegraph)

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Electronic Telegraph

Saturday
15 July 1999
Issue 1511

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Equal Opportunities Commission

Bosses must prove sex bias innocence
By Polly Newton, Political Staff

WOMEN will find it easier to bring sex discrimination cases against their employers under new moves announced by the Government last night.

Ministers are to consult on changes in the law that would force employers to prove that they had not acted unfairly against women.  This would shift the balance of proof away from workers, who currently have to show that they were the victims of discrimination.

The move is likely to alarm employers and lead to accusations that the Government is imposing additional burdens on companies despite Labour’s claims to be a business-friendly party.

The changes, which were signalled in a parliamentary answer published yesterday by the Department for Education and Employment, cover perks for employees as well as basic pay.  For example, a woman who believed that she had the same entitlement as male colleagues to a company car could force her bosses to prove that they had not discriminated on the grounds of sex.

The Government will also consult on changes to the way equal pay cases are dealt with, to speed up and simplify tribunal proceedings, and on a proposal to bring all public authorities within the scope of the sex discrimination Act.  The proposals were recommended by the Equal Opportunities Commission, which is pushing for a complete overhaul of legislation covering discrimination.

David Blunkett, the Education and Employment Secretary, said major legislative change should not be necessary.  Instead, the Government would work with businesses, voluntary organisations and employees to address the problem.  He said: “We are sensitive to the need to pay particular attention to the needs and stresses of small businesses.”

16 June 1998: New laws needed on sex equality, says commission


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