On 8 April 2010 the Equality Act 2010 (the Act) received Royal Assent. The Act will consolidate current legislation and harmonise aspects of discrimination law. The Government Equalities Office (GEO) has recently published a list of provisions from the Act which will come into force from 1 October 2010. This first stage of implementation will bring into force the majority of the Act and includes:
- the basic framework of the Act setting out nine characteristics which are protected from "direct and indirect discrimination, harassment and victimisation in services and public functions, premises, work, education, associations, and transport";
- the introduction of the concept of "discrimination arising from disability" which will make it easier for disabled employees to show they have been discriminated against following the loss of protection from "disability related discrimination" resulting from the case of Mayor and Burgesses of the London Borough of Lewisham v Malcolm 2008 IRLR 700;
- preventing employers asking questions relating to an employee's health and potentially screening out disabled people when they are applying for jobs by restricting when employers may ask any pre-employment health questions;
- making pay secrecy clauses unenforceable in certain circumstances;
- giving employment tribunals the power to make recommendations that will benefit the entire workforce, as opposed to just the individual employee bringing the claim;
- applying the definition of indirect discrimination to all protected characteristics including disability;
- allowing hypothetical comparators for direct gender pay discrimination; and
- extending protection to people who are associated with a person who has a protected characteristic or in circumstances where a person is discriminated against because they perceived to have a protected characteristic.
In addition, there are a number of provisions that the GEO are still considering how to implement. These include:
- pay gap information relating to gender;
- provisions which relate to auxiliary aids in schools;
- positive action in regards to recruitment and promotion; and
- combined discrimination.
Best Practice
We recommend that employers review their employment policies and procedures to ensure they are compliant with the provisions of the Act.
If you would like to discuss any of the changes that are due to be implemented on 1 October 2010 and how these changes will affect your organisation, please contact Gareth Edwards on 0117 314 5220.
This publication is for guidance only. Reliance should not be placed upon it and nor should action be taken, without obtaining advice in respect of the specific circumstances applicable. We will be pleased to provide such advice or assistance.
