Business plan 2022 to 2023

Our business plan for 2022 to 2023

The Equality and Human Rights Commission is Britain's equality and human rights regulator. Our human rights powers in Scotland extend to reserved matters.

Our strategic plan sets out our priorities for the three years from April 2022 to March 2025.

This business plan describes what we will do from April 2022 to March 2023 and is updated quarterly. This version is from March 2022.

Tackle discrimination, harassment, victimisation and breaches of human rights in the workplace

How we will do it

We will:

• enforce equality and human rights law in the workplace, taking legal action where appropriate to protect workers and prospective workers
• support legislation that will introduce protection from harassment by third parties and a mandatory duty to prevent sexual harassment, and develop a supporting Code of Practice

The change we will influence

Workers and prospective workers are free from discrimination, harassment and victimisation while at work.

Act on gaps in employment rates and pay for different protected characteristic groups

How we will do it

We will:

• use our legal powers to ensure employers comply with gender pay gap reporting
• advise governments on how to identify and reduce ethnicity and disability pay gaps
• work with the police and their regulators to support efforts to retain staff from ethnic minority backgrounds

The change we will influence

• pay and employment gaps are reduced for women, ethnic minority and disabled workers
• workplaces are inclusive and all workers are treated fairly

Advise on measures to rebuild economies after the coronavirus (COVID-19) pandemic to improve equality of opportunity for disadvantaged groups 

How we will do it

We will:

• publish and follow up on our inquiry into low-paid ethnic minority staff in health and social care to improve how equality for workers is safeguarded when sub-contracting of health and care services
• support the economic recovery from the pandemic by advising on national and regional initiatives to improve equality of opportunity
• advise the Scottish Government on their employment support programme to help those facing the greatest barriers to find and stay in jobs

The change we will influence

• workplaces are inclusive and all workers are treated fairly
• protected characteristic groups with disproportionately higher rates of unemployment or low-paid jobs have better access to fair conditions at work

Work with regulators and governments to tackle any disproportionate impact of the Covid-19 pandemic on lost learning

How we will do it

We will:

• advise the Department for Education, regulators and others on proposals to deal with the unequal impact of the pandemic on some groups of children

The change we will influence

• the consequences of lost learning for groups of children disproportionately affected are avoided or mitigated

Take legal action to address breaches of children’s rights in institutional settings

How we will do it

We will:

• follow up on our 2020 inquiry into the use of restraint in schools to ensure improvements are made to data collection and monitoring
• enforce and promote children’s rights in institutional settings and take legal action where appropriate to protect those rights

The change we will influence

Children in institutional settings are treated fairly and their human rights are upheld.

Tackle discrimination in exclusions, behaviour policies and failures to make reasonable adjustments to improve educational outcomes for people with protected characteristics

How we will do it

We will:

• advise governments on policies for admissions, exclusions and restraint
• provide advice and guidance to schools and colleges on how to implement a rights-based approach to education
• work with education regulators to strengthen and share good practice on exclusion and behaviour policies in schools
• enforce and promote the rights of people with protected characteristics in educational settings and take legal action when appropriate to protect these rights
• publish and promote our guidance on meeting the costs for the provision of reasonable adjustments for disabled private exam candidates 

The change we will influence

• The educational outcomes for people at risk of experiencing discrimination or disadvantage are improved
• exam centres, boards and awarding organisations will understand their obligations in relation to meeting the costs of providing reasonable adjustments for disabled private exam candidates

Tackle barriers to equal training and work opportunities for young people

How we will do it

We will:

• advise governments on how to ensure improved access to apprenticeships and employability support for young people in under-represented groups
• inform the establishment of the Commission on Tertiary Education and Research in Wales

The change we will influence

A higher proportion of young people with under-represented protected characteristics are in employment and training, and occupational segregation is reduced.

Promote rights regarding the treatment of people in health and social care institutions

How we will do it

We will:

• advise government on mental health legal reform and codes of practice
• take opportunities to promote the rights of people in health and social care institutions, and take legal action where appropriate to protect those rights

The change we will influence

People with learning disabilities, autism and mental health conditions are able to access support and treatment in a way that does not discriminate or breach their rights.

Promote the rights of people using adult social care services to support independent living

How we will do it

We will:

• complete and follow up on our social care inquiry
• advise governments on the equality and human rights implications of the design of social care systems across England, Wales and Scotland

The change we will influence

Individuals can access the social care they need in a way that does not discriminate or breach their rights.

Tackle inequalities in access to health services

How we will do it

We will:

• work with the NHS, Care Quality Commission and other health regulators on dealing with the disproportionate number of deaths of people with particular protected characteristics in maternity services
• enforce and promote the rights of trans people accessing healthcare, taking legal action where appropriate to support these rights, and develop guidance with health regulators on best practice for those providing services to trans people

The change we will influence

Discriminatory barriers that stop people with some protected characteristics from accessing appropriate health services are reduced.

Tackle online harms, including bullying, discrimination and abuse, experienced by people with protected characteristics, while safeguarding the right to freedom of expression

How we will do it

We will:

• partner with regulators and others to advise governments on regulating social media and search engines
• promote the rights of those experiencing online harms, and take legal action where appropriate to protect these rights

The change we will influence

People participate in discussion online without the risk of harm and are able to seek adequate redress when they experience unlawful abuse.

Ensure that digital service providers maximise inclusion and tackle discrimination resulting from digital exclusion so essential services are available to all

How we will do it

We will:

• follow up on our inquiry into inclusive justice to assess the impact of the increased use of video-link technology on disabled defendants and others in the criminal justice system
• take legal action where appropriate to protect the rights of people with certain protected characteristics accessing digital services
• advise on interventions to protect and promote the rights of older and disabled people accessing digital services

The change we will influence

Essential services are available to all, particularly older and disabled people, as the provision of digital processes increases.

Take legal action so that the use of artificial intelligence (AI) in recruitment and other employment practices does not bias decision-making or breach human rights

How we will do it

We will:

• use our regulatory powers with employers and their regulators to ensure AI is used fairly in workplace recruitment
• take legal action where appropriate to protect the rights of those who are subject to the unfair use of AI in recruitment and other employment practices

The change we will influence

Regulation of AI and digital technology is improved, reducing the risk of discrimination and breaching the rights of employees and prospective employees.

Influence regulatory frameworks to ensure equality and human rights are embedded in the development and application of AI and digital technology

How we will do it

We will:

• share and influence good practice for designing AI systems in public services by using our powers to improve compliance with the Public Sector Equality Duty
• monitor local authorities to ensure they comply with the Public Sector Equality Duty when using AI, and use our enforcement powers when standards are not met
• Partner with other regulators to establish joint standards or memoranda of understanding to reduce the risk of discrimination through the use of AI

The change we will influence

Improved regulation of AI and digital technology leads to a reduction in discrimination and breaches of human rights.

Encourage schools and educational bodies to promote the value of equality and human rights and respect for others

How we will do it

We will:

• work with education regulators and educational bodies to promote rights and respect among young people
• review, update and share guidance on freedom of expression
• produce, publish and share guidance on preventing discrimination against young people with afro hair in educational settings

The change we will influence

Bullying, abuse and harassment are reduced and young people discuss issues of identity and equality respectfully.

Work with sporting organisations and specific service providers to promote respect for others and prevent prejudice

How we will do it

We will:

• work with the England and Wales Cricket Board to tackle racism in the sport
• partner with sports regulators and the Department for Digital, Culture, Media and Sport to develop plans to tackle discrimination in sport in Britain

The change we will influence

People of different backgrounds interact positively and prejudice is reduced.

Play a leading role in public debates about equality and human rights issues, including by balancing rights

How we will do it

We will:

• follow up with service providers and stakeholders on guidance for service providers on single-sex spaces
• work with partners to clarify and provide guidance about data collection on sex and gender
• promote a more constructive and evidence-based debate about overlapping rights
• review the UK Government’s response to the CRED report and consider where we can support implementation of its proposals

The change we will influence

• people can participate in discussion without the risk of harm and are able to seek adequate redress when they experience unlawful abuse
• people of different backgrounds are able to interact positively and prejudice is reduced

Ensure public services improve equality of opportunity, using regulatory levers such as the Public Sector Equality Duty

How we will do it

We will:

• evaluate the impact of the implementation of the socio-economic duty on public bodies in Wales
• increase the impact of the Public Sector Equality Duty through monitoring, guidance, advice and training
• monitor the Home Office’s agreed action plan to improve Public Sector Equality Duty compliance in relation to the ‘hostile environment’ measures
• review the range of our regulatory powers, working with the UK Government
• review and update our statutory Code of Practice on services, public functions and associations
• review the use of sexual history in trials in Scotland

The change we will influence

• Governments and public bodies take targeted actions that reduce the most pressing equality issues
• Robust evidence of the challenges to equality and human rights leads to action to redress inequality.

Promote understanding and compliance with human rights laws

How we will do it

We will:

• respond to any further proposals from the UK Government to reform the Human Rights Act
• advise governments in Scotland and Wales on any proposed legislation on human rights treaty incorporation
• update and report analysis from our online human rights tracker
• submit our application for reaccreditation as a National Human Rights Institution

The change we will influence

• people are protected from breaches of their human rights
• robust evidence of the most pressing human rights challenges leads to action to improve protection of human rights

Provide stakeholders with high-quality, reliable and accessible data and evidence on Britain’s progress with equality and human rights

How we will do it

We will:

• identify and take measures to address evidence gaps for the 2023 report in the ‘Is Britain Fairer’ series
• update and implement our data and evidence strategy
• prepare to publish reports in 2023 as part of our ‘Is Britain Fairer’ series, for Britain, Scotland and Wales

The change we will influence

Governments and public bodies use robust evidence of the most pressing equality and human rights challenges to take action to reduce inequality and breaches of human rights.