The former equality commissions, the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission, had power to issue Codes of Practice containing practical guidance on matters such as promoting equality of opportunity and eliminating discrimination in particular fields. Where Codes of Practice have been issued under appropriate sections of the anti-discrimination statutes, they are admissible in evidence, and, if any provision of such a Code appears to a tribunal or court to be relevant to any question arising in the proceedings, it has to be taken into account.
Are the Codes of Practice issued by the DRC, CRE and EOC now obsolete?
No. Section 42 (3)(a) of the Equality Act 2006 provides that a code of practice issued by any of the legacy commissions continues to have effect until revoked by the Secretary of State at the request of the Equality and Human Rights Commission. None has been revoked since 1st October to date.
Can the Equality and Human Rights Commission revise existing Codes?
Yes. Section 42 (3)(b) of the Equality Act 2006 allows the Commission to revise a code issued by a legacy commission.
Can the Equality and Human Rights Commission issue new Codes?
Yes. Section 14 of the Equality Act allows the Commission to issue Codes of Practice to 'ensure or facilitate compliance' with specified parts of the anti-discrimination legislation covering sex, race, disability, sexual orientation, age and religion or belief. The Commission may also issue a Code of Practice on specified provisions of landlord and tenant and housing legislation.
Which Codes of Practice are currently in force?
Current Codes of Practice include the following:
Gender
Race
Disability
Age, Religion or Belief, Sexual orientation
There are no statutory Codes in force covering sexual orientation, religion or belief, or age discrimination. However, ACAS has published Guidance to putting the relevant employment legislation covering each of these areas into practice in the workplace. The following guides can be found on the ACAS website: