Before the stampede to fill their boards with women, employers should remember that the Equality Act stopped short of allowing positive discrimination. What it does permit is positive action to encourage an increase in representation where minorities exist. Positive action is limited to very particular circumstances, including when the man and woman are equally qualified.

The government will be hoping that this guidance will encourage firms to promote more women to senior positions, without the need to pass additional legislation. However, as the law currently stands, firms will need to be careful if they wish to promote based on gender rather than competency, as this could lead to claims of discrimination from male candidates.

Ben Standing
0121 237 4563
bstanding@brownejacobson.com

Since the formation of the coalition government, the Home Office have consistently blamed lax licensing laws and in particular 24-hour drinking for Britain’s alcohol-related problems and more specifically its binge drinking culture.

However, when the Department for Culture Media and Sports last counted, there were 171,800 premises licensed to sell alcohol in England and Wales. Roughly, just 4% of these premises were licensed to sell alcohol 24 hours a day and of that 4% only 12% were pubs, bars and nightclubs. Further, in practice, very few of these actually open beyond 3am as the benefits of opening any later do not outweigh the overhead costs.

Is 24 hours licensing really to blame, when the reality is that 24 hour drinking has been nothing but a fiction since the introduction of the Licensing Act in 2005? Or is the Home Office distorting reality to make a demand by the public for more control over licensing decisions?

Posted by Fiona Carter
0115 976 6224
fcarter@brownejacobson.com