UCU submission to the EHRC consultation on codes of practice and guidance for use alongside the Equality Act

UCU welcomes the opportunity to respond to the EHRC consultation on the statutory Codes of Practice and the non statutory guidance which are to be produced before the implementation of the Equality Act.
Our members, activists and staff regularly rely upon the guidance and Codes when undertaking negotiations or representing individual members.
UCU is concerned at the proposal to produce only four statutory codes of practice to replace the current codes of practice.
UCU believes there must be specific statutory guidance on achieving equal pay in the workplace, setting out:
•	Domestic equal pay legislation within the Equality Act
•	EU legislation and ECJ decisions which need to be taken into account
•	How to undertake an equal pay audit
This is a complex area of law and the Equality Bill does little to clarify it. We believe a statutory code covering this area is essential for all employers and trade unions negotiating engaged in equal pay negotiations.
We are also concerned about the proposal to have one generic employment Code of Practice. We believe shorter specific Codes are more useful as they can deal in more depth with particular areas of employment with practical examples for employers and trade union representatives.
UCU believes the Codes of Practice and guidance produced by the Disability Rights Commission should be retained following suitable revision in line with the Equality Bill. The Bill contains distinct legal provisions on disability and we strongly believe a separate statutory Code on disability will be required. For example, detailed practical advice is required in relation to the duty to make adjustments, and the discrimination arising from disability.
The suggested guidance on the equality duty “for individuals and voluntary sector organisations” should also include guidance for trade unions.
The guidance on age discrimination needs to reflect the distinctive nature of age discrimination and provide guidance on the balance of unjustified direct age discrimination and what could be potentially justified differential treatment or positive action.
It would be helpful to provide guidance on dealing not only with dealing with discrimination cases on multiple grounds but also how to deal with areas of potential conflict in discrimination law.