Commission likely to produce guidance on Equality Act 1

Governance | Tania Mason | 26 Apr 2010

The Charity Commission has said it is likely to produce guidance to help charities ensure they do not breach the Equality Act, after a group of leading lawyers warned that many charities could find themselves operating outside the law when the Act is introduced later this year.

A working group of the Charity Law Association, led by Julian Smith from Farrer & Co, issued a submission to an Equality and Human Rights Commission on the Equality Act statutory guidance. In it they said that in light of a recent comment by Mr Justice Briggs in the High Court Catholic Care (Diocese of Leeds) case, it appeared that charities could no longer rely upon the same exemptions they used to use under previous anti-discrimination legislation, to provide benefits to specific groups of people.

This could mean that lots of charities, such as religious groups, organisations that provide education to certain nationalities, and sports groups that cater for a particular ethnic group, could find themselves falling foul of the law once the Equality Act is implemented in October.

The CLA working party said the Charity Commission should urgently devise guidance to help charities understand and abide by the new regulations.

In response, the Charity Commission inferred that it would create guidance.

A spokeswoman told Civil Society: "We have seen the CLA submission to the EHRC consultation on the statutory guidance. We are aware of the implications of the changes to the exemptions from discrimination law for charities, and that it is likely that charities will need guidance to help them."

Directory: Charity Commission
Who's Who: Julian Smith

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Maureen Comber
Trustee
BHS
5 May 2010

Should age be a reason for disqualification from the Board of Trustees?

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