Hodge Hedges on Equality First published in Personnel Today, 4 February 1999 ©Reed Business Information 1999

©Reed Business Information

Pressure groups are clamouring for legislation to enforce workplace equality. Equal opportunities minister Margaret Hodge tells Personnel Today in an exclusive interview that she is considering the options. KATRINA FOX reports

To legislate or not to legislate? The most important question facing equal opportunities minister Margaret Hodge demands a "third way" solution to the dilemma that human rights for an individual can be a burden for an employer.

Hodge argues that the answer is in "changing hearts and minds". But for some organisations that will be harder than for others, including - embarrassingly for Hodge - the Government itself. As reported in Personnel Today (21 January) the Department of Environment, Transport and the Regions is persisting in performance appraisals, despite indications of sex and race bias. Hodge accepts there is work to do.

The ongoing boxing match between employers and civil rights campaigners has lost none of its momentum. In one corner, a senior personnel director dismisses equal opportunities as a "distraction" and "a stick to beat us with". In the other corner the Equal Opportunities Commission has called for a new super-law on sex equality to replace existing legislation.

Hodge gives nothing away, other than saying the Government is "considering the proposals". But she is surprisingly cool about previous demands to strengthen equal pay rights. "The EOC produced an incredibly good code of practice on this, and my view is that had it spent more time promoting that code we may have got further along the route of equal pay for equal value," she said. "It is really avoiding the issue by saying, 'Let's have another bit of law.'"

But chief executive of the EOC Frank Spencer emphasised the need for legal reform. "People will always want a remedy against equal pay and the problem with the law at the moment is that cases can take years to go through the courts."

Hodge's stance on the possibility of legislation to outlaw discrimination on grounds of sexual orientation is just as cagey. Under the Treaty of Amsterdam - to be ratified this year - the European Commission could propose a law to outlaw discrimination on the above grounds. When asked if the Government would support such a law, Hodge said, "My guess is that while the treaty is about discrimination on a whole raft of issues, I think the main focus in Europe will be on women."

Yet only last December the European Commissioner responsible for Social Affairs and Employment Padraig Flynn called for a new employment Directive covering discrimination in the workplace. He said that all the groups mentioned in article 13 of the Amsterdam Treaty, which includes gay people, should be protected.

Hodge believes that equal opportunities succeed only when there is a legislative framework to support a culture change. But when it is suggested that this should apply equally on grounds of sexual orientation her reaction is, "There are a lot of people banging at the door who feel they have been discriminated against, including the age and religious lobbies". She does not indicate whether she feels their claims are justified enough for the Government to introduce legislation.

Last year Baroness Turner's private member's bill, the Sexual Orientation Discrimination Bill ran out of parliamentary time. But executive director of gay pressure group Stonewall Angela Mason is determined to bring employment issues back before Parliament at the earliest opportunity. "Lesbians and gay men are now the only minority not to be protected by UK law," she said. "We believe the Government should take a lead and legislate in this area in advance of European law."

The transsexual lobby is also waiting with baited breath for the Government's reaction to a consultation document submitted in December, which would give employers guidance on the issues of transsexualism in the workplace. This is in response to the P v S and Cornwall County Council case in which the European Court of Justice ruled in 1996 that a transsexual is covered by the Sex Discrimination Act. Hodge is anxious to proceed on this matter and said the issue will be debated in parliament in a few weeks' time.

Race and disability are also high on the Government's agenda. Home Secretary Jack Straw is considering proposals from the Commission for Racial Equality for an update of the Race Relations Act. And a disability rights commission is due to be set up soon with similar functions to that of the CRE and EOC.

For employers concerned about keeping up to date with changes in legislation in the area of equal opportunities, Hodge plans to develop two pilot projects, one in England and one in Wales, where there would be a joint commission presence in a one-stop shop. "Many of the issues of discrimination are similar," she said.

The Institute of Personnel and Development's views track those of the minister. It is calling for an umbrella organisation to educate employers on equal opportunities, rather than policing them.

It may sound a cliche but the key for HR, it seems, is to educate directors, managers and staff in the benefits of a truly diverse workforce. Bank Lloyds TSB, for example, has increased new business by almost 20 per cent in some of its branches as a result of a positive action programme to recruit Bangladeshi staff.

The Leadership 2000 project, on race practice, and the Opportunity 2000 equivalent for women, highlight good practice rather than propose new laws. Hodge's message is that by following good examples employers will not need to make sweeping changes to comply with any new laws.

Personnel Today is the weekly magazine for human resources professionals. This article is the copyright of the publisher, Reed Business Information and appears here with their permission. For more information on the magazine, visit their website at www.personneltoday.com