Date 1 October 2010
From 1 October 2010 the Equality Act came into force, representing a major change in the field of discrimination law.
In summary:
- The Act introduces a new basic framework of protection against direct and indirect discrimination, harassment and victimisation in respect of the provision of services and public functions, premises, work, education, associations and transport;
- There is a change in the definition of gender reassignment in that there is no longer a requirement for medical supervision;
- The Act offers improved protection from discrimination for people who are either perceived to have, or are associated with someone who has, a protected characteristic. For example, an employee treated less favourably by her employer because she is the carer of a disabled relative will have greater statutory protection than was previously the case;
- The European definition of indirect discrimination is now to be applied to all protected characteristics. There will also be extended protection from indirect discrimination in respect of disability;
- A new protection in respect of "discrimination arising from disability" is now in place to ensure to restore the protection afforded by "disability-related discrimination" prior to the decision in the case of Mayor and Burgesses of the London Borough of Lewisham v Malcolm;
- Employers are now prevented from asking job applicant questions about health (including any disability) before making a job offer, save in limited circumstances;
- Hypothetical comparators are now permitted to be used when assessing direct gender pay discrimination;
- Clauses that attempt to prevent employees discussing their pay with colleagues are now unenforceable;
- There are new powers for employment tribunals to make recommendations to employers which benefit the wider workforce; and
- There are general provisions in the Act allowing employers voluntarily to take positive action to promote the interests of disadvantaged groups, for example, the disabled.
Further, the Government is currently consulting on how best to implement other new provisions, including:
- The new single public sector equality duty, which has the purpose of bringing together current sex, race and disability duties and extending them to also cover age, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief;
- Allowing claimants to make combined discrimination claims;
- The obligation on employers in the private sector to publish gender pay gap information; and
- positive action in recruitment and promotion.
SA Law is hosting a free interactive workshop to help employers get to grips with the new 2010 Equality Act Legislation. The workshop will guide you through changes and help employers to identify policies and procedures which require immediate amendment to avoid costly litigation and unnecessary uplifts.
For further information and to book your place, please click here.