Labour's recent unveiling of plans for a new Race Equality Act has sparked both applause and scepticism among campaigners and policymakers. While the proposed legislation aims to extend full equal pay rights to ethnic minority workers and disabled individuals, critics argue that it falls short in tackling the broader and more formidable scale of inequalities deeply entrenched within British society.
The Race Equality Act proposed by Labour seeks to enshrine equal pay rights and mandatory pay-gap reporting in law - aiming to address the persistent disparities faced by employees from ethnically diverse backgrounds and disabled individuals.
Despite existing legal provisions prohibiting pay discrimination based on ethnicity, studies reveal that ethnic minority workers are 38% more likely to be underpaid. Labour's proposed act would treat challenges to these inequalities akin to claims made by women, ensuring robust legal protection against pay discrimination.
Under the proposed legislation, large employers would be mandated to publish data on the ethnicity pay gap among their employees, shedding light on systemic inequities and fostering transparency within workplaces.
Additionally, Labour's Race Equality Act includes provisions for race training for police staff, the appointment of a Windrush commissioner and a comprehensive review of the school curriculum. Notably, it pledges funding to address the alarming rates of maternal deaths among Black women, who face a disproportionate risk during childbirth.
Labour's commitment to extending equal pay rights to marginalised groups reflects a broader agenda of promoting inclusivity and combating discrimination in the workforce. By addressing "dual discrimination," where individuals face prejudice due to multiple protected characteristics, the proposed legislation aims to streamline legal recourse and alleviate burdens on the tribunal system.
However, the announcement has sparked a contentious debate, with Minister for Equalities - Kemi Badenoch - cautioning against potential ramifications of the proposed changes. Badenoch contends that the legislation could incentivise frivolous claims and create opportunities for what she terms "dodgy, activist lawyers."
While Labour's proposals align with the principles of fairness and social justice, questions linger about the efficacy of the Race Equality Act in dismantling systemic inequalities. Critics argue that the proposed legislation, while a step in the right direction, must also be accompanied by comprehensive measures to address the root causes of inequality, including systemic racism and institutional bias. Moreover, the effectiveness of mandatory ethnicity pay gap reporting hinges on stringent enforcement and accountability mechanisms.
Jacqueline Mckenzie, an immigration and human rights lawyer involved in shaping the legislation, underscores the need for robust enforcement mechanisms and mandatory reporting to effect tangible change. She told BBC Radio 4's Today programme:
"What we're not sure about, because we haven't seen the act, is whether or not it will actually include enforcement penalties and mandatory reporting,"
"Because if it doesn't do that it's not actually going to make any difference."
