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3 Equal rights

16 The Equality Bill

Congress notes the publication, in June 2008, of proposals for an Equality Bill and the Government's commitment to work closely with stakeholders in moving towards its publication.

Congress is, however, concerned at some aspects of the proposals, such as the concentration on the more traditional protections from discrimination on grounds of sex, race and age at the expense of newer equality strands such as those protecting against discrimination on the grounds of sexual orientation, transgender status and religion and belief, and the proposal that the new Equality Duty should only apply in the public sector.

Congress therefore instructs the General Council, in co-operation with affiliated unions and other interested parties, to lobby the Government to ensure that:

i) the Equality Duty is extended to the private sector;

ii) all strands of equality protection are given equal status and that there is no hierarchy in which newer and more controversial strands such as sexual orientation, transgender status and religion and belief are given less weight; and

iii) the resulting legislation is vigorously enforced.

FDA

Amendment

In subparagraph i), after 'private sector' insert 'and voluntary sector'.

Insert new sub-paragraph iii) and renumber subsequent sub-paragraph:

'iii) the gender pay gap is addressed by introducing mandatory pay audits in all areas, adequate public sector funding, changed legal processes to allow for trade union representative actions, hypothetical comparators and ending the artificial divide between contractual and non-contractual issues; and'

UNISON

Amendment

Add at the end of paragraph 2:

'Congress is also concerned that despite almost 40 years of equal pay legislation the gender pay gap continues to exist.'

Add new sub-paragraph iv) at end:

'iv) the legislation places employers under a positive duty to conduct meaningful equal pay audits.'

Union of Shop, Distributive and Allied Workers

Amendment

At end of motion add:

'Congress further instructs the General Council to support affiliates in ensuring:

a) trade union involvement in the design of employer equality schemes;

b) the introduction of meaningful equality impact assessments and equal pay audits; and

c) employers provide leadership and top level commitment and training for employees in complying with equality duties.'

Chartered Society of Physiotherapy

17 Appointment of Joel Edwards

Congress condemns Joel Edward's appointment as Commissioner to the Equality and Human Rights Commission (EHRC). Mr Edwards, General Director of the Evangelical Alliance (EA), describes gay sex and same sex partnerships as 'sinful'.

Congress is appalled that the Chair of the EHRC, Trevor Philips, took part in the selection process. The EHRC states that 'all Commissioners are appointed on the basis of their experience or knowledge of discrimination and human rights.' This statement is incongruous with Mr Edward's position. On numerous occasions Joel Edwards has made homophobic statements and continues to do so. The EA has opposed recent legislative steps towards equality for LGBT people.

Under the direction of Mr Edwards, the EA has issued public claims such as 'homosexual practice is morally wrong' and 'a behaviour choice', in submissions to House of Commons Committees.

Congress affirms that by appointing Mr Edwards as a Commissioner, any confidence that the EHRC will promote further equality for LGBT people has been deeply undermined.

Congress calls on the General Council to condemn the appointment of Mr Edwards and campaign for his immediate removal from the board of the EHRC. Congress notes that 'all (EHRC) Commissioners have a collective responsibility clause in their Code of Conduct' and calls on the General Council to ensure that Mr Edwards and his fellow Commissioners adhere to the code.

TUC Lesbian, Gay, Bisexual and Transgender Conference (this motion is exempt from the 250-word limit)

18 Improving maternity pay

Congress welcomes the Government's continued support for pregnant women and working parents.

The introduction and extension of statutory rights for new parents has given trade unions a platform from which to negotiate improvements with employers.

Congress believes there continues to be an urgent case for more union, employer and government action to ensure women on maternity leave, and returning to work from maternity leave, are better protected and supported.

Congress recognises that:

i) the flat rate of Statutory Maternity Pay (SMP) is still too low;

ii) too many women are missing out on SMP because of the way in which entitlement is calculated. SMP is based on average earnings during a very specific eight-week period and not on contractual salary. This means women fail to qualify or qualify for a reduced amount where they have been off sick or taken unpaid or parental leave; and

iii) women who take up their entitlement to Additional Maternity Leave have a less robust right to return to the same job as those who return at the end of Ordinary Maternity Leave.

Congress resolves to:

a) support affiliates in negotiating improvements to company pay and leave policies for new parents;

b) assist affiliates to make the case to the Government for improvements to maternity pay and leave regulations to ensure pregnant women and new mothers are better supported; and

c) circulate examples of best practice where unions and employers have agreed improvements to maternity, paternity and adoption pay and leave for working parents.

Union of Shop, Distributive and Allied Workers

19 Abortion rights

Congress believes that a woman's right to choose with regards to abortion is a fundamental right. Congress believes abortion should be legally available at the request of the woman and the requirement that two doctors agree to her decision should be ended.

Congress notes that the 1967 Abortion Act has saved the lives and health of thousands of women. Congress notes that research shows that 27 per cent of PCTs have delays beyond three weeks for abortion services due to under-funding in the NHS. Congress also notes that the Human Fertilisation and Embryology Bill currently in Parliament is subject to anti-abortion amendments to reduce the abortion time limit from 24 weeks and to impose a 'cooling off' period and compulsory counselling. Congress believes such measures would have appalling consequences for women seeking abortion and assume women are not capable of making their own decision.

Congress re-affirms its support for a woman's right to choose, and believes that the debate on abortion is dominated by sensationalist reporting in the media. Congress recognises that control over whether to have children, and when and how many, is crucial to every other aspect of a woman's life, and that three quarters of people in Britain support a woman's right to make her own decision. Congress believes the law should be modernised to allow women, not doctors, to make the abortion decision, like every other medical procedure.

Congress, therefore, opposes any attempt to restrict existing legal rights, and calls on the TUC Women's Committee to:

i) campaign amongst affiliates, and with the Irish, Scottish and Welsh Women's Committees, to defend the current legal upper limit of 24 weeks and oppose any mandatory 'cooling-off' period and compulsory counselling;

ii) work closely with Abortion Rights UK to defend the 24-week time limit and ensure pro-choice amendments are put forward to liberalise the current legislation;

iii) campaign for the right of workers in sexual health and abortion services to be free to work without fear of abuse or attack;

iv) call for the extension of the 1967 Act to Northern Ireland;

v) call for any review of current provision to recognise the need for better access to family planning services, and for improved sex education in schools; and

vi) publish guidance and support for trade unions on workplace issues relating to access to abortion and time off for treatment.

TUC Women's Conference (this motion is exempt from the 250-word limit)

20 Reclaim the Night

Congress notes the London Feminist Network organises an annual march against rape and male violence named Reclaim the Night, the existence of which dates back to the 1970s. Reclaim the Night demands that women should have the right to use public spaces without fear, and demands justice for rape survivors.

A 2005 survey found that 95 per cent of women feel unsafe on the streets at night, 73 per cent worry about being raped and almost half say they sometimes don't want to go out because they fear for their own safety.

Many female workers, including musicians, must assess whether working at night is safe. Performers, often carrying valuable musical instruments, are required to travel back to their hotel or home by foot or by public transport after the performance, and are particularly vulnerable. In many cases, a female performer may turn down work due to the possibility or fear of assault because of the time of day that they have to work.

Congress is concerned that such women find themselves at a disadvantage and resolves to support Reclaim the Night's campaign. It asks the General Council to encourage affiliates to provide opportunities for all women workers, perhaps through unionlearn, to train in self-defence.

Musicians' Union

Amendment

Paragraph 3, line 1, after 'musicians' insert 'performers and other entertainment workers'

Add new final paragraph:

'Congress further calls on the General Council to support the availability of safe and affordable transport at all times, particularly for women workers travelling to and from a range of different workplaces, including live entertainment venues.'

Equity

21 Closing the ethnic minority employment gap

Congress welcomes the report from the National Employment Panel on race equality in the workplace published in October 2007 - see www.nationalemploymentpanel.gov.uk/work/buscom.htm. Congress notes, in particular, the conclusion that discrimination by employers accounts for between one third and half of the ethnic minority employment gap. This means that around 250,000 black workers have been denied a job because of their colour.

Congress also welcomes the proposal to encourage employers to change their behaviour using a mix of public procurement policy and the Equality and Human Rights Commission reviews, backed up by the possibility of legislation if a voluntary approach has not clearly led to improvements in race equality in the workplace by 2012.

Congress recognises the vital and unique role that trade unions can play in challenging and eliminating discrimination in employment and urges all affiliates to review their bargaining work and priorities to reflect the urgent need to close the ethnic minority employment gap.

TUC Black Workers' Conference (this motion is exempt from the 250-word limit)

22 Community cohesion

Congress believes that a commitment to equality and diversity is the hallmark of civil society.

Congress recognises the value of community cohesion for the maintenance of democracy and social inclusion.

Congress welcomes evidence that demonstrates that the greatest barriers to a cohesive society are poverty, inequality and discrimination. Congress welcomes the Government's commitment to ending child poverty. However, Congress believes that a national target and concerted action are needed to root out all forms of inequality and unlawful discrimination in economic and political life.

Congress deplores the right-wing political and media agenda which presents minority communities as a threat to the British way of life. Congress is dismayed by the Government's claim that so-called 'Islamist extremism' represents the biggest threat to British people. Congress believes that the agenda of preventing violent extremism plays into the hands of the BNP and other racists and fascists bent on attacking Britain's racial and religious minorities.

Congress calls upon the Government to:

i) extend statutory duty on schools for the promotion of community cohesion to all public bodies and any other organisations that provide a public service;

ii) work with the TUC to develop a national strategy to tackle all forms of extremism, including racist and fascist extremism;

iii) prohibit members of racist and fascist organisations from holding public office;

iv) set targets for eliminating discrimination and inequality in access to employment and the political system; and

v) implement strategies to ensure compliance with statutory provisions relating to equality, diversity and community cohesion.

National Association of Schoolmasters Union of Women Teachers

Amendment

Insert new paragraph 5:

'Congress calls on the General Council to lead a broad based campaign, involving Searchlight and other appropriate anti-fascist organisations, to tackle division and deprivation and build greater understanding within local communities. Congress believes that such activity should not be based solely around elections, but should be long term and sustainable.'

UNISON

Amendment

Add new sub-paragraph vi) at end:

'vi) act to counter racist myths and stereotypes and to tackle hate websites such as Redwatch, which target anti-racist and minority communities and seek to promote division and violence.'

National Union of Journalists

23 Asylum seekers and employment

Congress continues to recognise the full range of benefits brought about by the presence of migrant workers, including refugees and asylum seekers, in our society and welcomes the diversity which they bring to this country.

Congress commends the work of the TUC General Council in recent years in providing assistance, advice and support to asylum seekers and refugees, particularly in relation to the provision of English as an Additional Language (EAL) courses and other courses aimed at providing some basic information about the world of work and the role of trade unions in the workplace. Further, Congress recognises the need to maintain and enhance levels of support, particularly in relation to the provision of EAL, for all migrant families including asylum seekers and refugees.

Congress, therefore, resolves that asylum seekers should have the right to seek employment while their application for refugee status is considered and instructs the General Council to organise a campaign to secure this objective.

The Educational Institute of Scotland

24 Access to work

Congress notes the Government's consultation paper Improving Specialist Employment Services. However, the Government's current proposals will mean that in future public sector employers will no longer be able to access central funding for the costs of paying for reasonable adjustments under the Access to Work Scheme. Transferring funding liability direct to public sector employers may create an unacceptable 'postcode lottery' where special adjustment outcomes for disabled people depend too much on the individual employer's financial security. For example, in the NHS, the proposals may generate unfortunate choices where the interests of the disabled worker are pitted against budget needs for medical expenditure.

Congress is concerned that such a move will therefore reduce disabled people's employment opportunities in the public sector.

Congress:

i) calls on public sector unions to continue to work with the TUC to monitor the impact of these changes where they have already occurred in the central government ministries and assess their likely impact if extended to cover all public sector employers;

ii) calls upon the TUC Disability Committee to co-ordinate a national campaign to defend Access to Work, to be launched at Congress 2008 and to include a lobby of Parliament;

iii) urges all affiliates to publicise the disastrous consequences for the employment of disabled people should Access to Work be removed from the public sector; and

iv) reminds affiliates of the importance of monitoring the level of compliance among public sector employers with their disability equality duties to remove the barriers to employment opportunities for disabled people and assist the TUC's lobbying.

Congress instructs the General Council to:

a) highlight to Government that small public sector employers are less able than large private sector ones to fund necessary adjustments; and

b) campaign to ensure that public service job opportunities are not denied to disabled people through lack of Access to Work funding.

TUC Disability Conference (this motion is exempt from the 250-word limit)

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