Equality Act

The Equality Act 2010

The Equality Act came into force on October 1st 2010.  The aim of creating this Act was to codify existing discrimination laws, although some substantial changes are also introduced.  It is a fairly complicated piece of legislation, and while it does make some steps in the right direction, it is a source of worry for businesses concerned with their HR compliance.

What type of discrimination is covered by the Act?

Age, disability, race, religion, gender, sexual orientation, gender reassignment, marriage and civil partnerships, and pregnancy and maternity come under the term ‘protected characteristics.’

There are seven types of discrimination referred to in the Act including:

•             Direct discrimination -discrimination related to a ‘protected characteristic’

•             Associative discrimination – discrimination directed at persons because of their association with someone who has a protected characteristic

•             Indirect discrimination – where rules are applied to everyone but discriminate against someone with a protected characteristic, this will be regarded as indirect discrimination.

•             Harassment – offensive behaviour which is either direct or creates an offensive environment for the worker (see the article on workplace bullying for further information).

•             Harassment by third parties – commonly this will include customers, although any party with which the business has dealings with could potentially come under this classification.

•             Vicitimisation – discrimination on the basis of any involvement in a claim under the Act, which includes someone giving supporting evidence for a claim.

•             Discrimination by perception – if someone is perceived to have a protected characteristic (and they do not actually have one), and is discriminated on the basis of the perception, this will classed as discrimination by perception.

Health checks prior to employment

An employer can no longer ask a prospective employee about their health or any medical conditions prior to any offer of work unless the employer can show that the checks are directly related to whether an employee is able to carry out essential tasks.  Ad-hoc lifting would not be considered essential task for an office worker.  However, lifting would be considered an essential task for a removals person.

Disability discrimination

A worker may not be treated unfavourably on the basis of a disability.  Although this was the status quo prior to the Act, it now extends to allowing disabled persons to claim that a particular rule or requirement is disadvantageous to people with a certain disability.

Age discrimination

Age discrimination was prohibited prior to the Act.  However, it differs from other protected characteristics due to the fact that differential treatment on the basis of age is allowed so long as it is done to meet a legitimate age.  The default retirement age of 65 still applies, although with several years of austerity measures ahead of us, this could well change.

Changes to tribunals

Prior to the Act, tribunal judges were only allowed to enforce changes to be made with regards to the way an individual is treated.  If, however, the judge can see the changes helping to effectively eliminate wider discrimination within the organisation, then organisation-wide changes can now be suggested.

Effected persons are also now entitled to bring ‘dual discrimination’ claims, meaning two protected characteristics can be brought together in one single claim.  For example, any discrimination related to ‘old Chinese’ workers would be classed as a single claim.  The changes were brought in because it was argued that if two characteristics are discriminated together at the same time, then the discrimination causes more harm to the worker.

The Act is a fairly complicated piece of legislation and many SMEs are worried about understanding the Act and the amount of time it may require to be properly implemented.  To make sure you are legally compliant with the law, seek the advice of a professional employment law solicitor.

FAQs about:
Equality Act

What is the Equality Act 2010 ?

The Equality Act is a piece of legislation which will bring together a number of rights employees have in the work place, to make one piece of legislation. This Act, which was given legal authority in October 2010, aims to make it clearer what could be considered unacceptable treatment for employers. It also widens the scope of some employee’s rights.

Who does the Act apply to?

The Act applies to businesses or organisations that provide goods and services to the public whether they are offered in exchange for payment or not. It also applies to any business or organisation that employs individuals. This means the scope of the Act is far-reaching and any business type ,organisation or individual who deals with people should familiarise themselves with the Act’s content.

Which Acts did the Employment Act bring together?

The Race Relations Act 1976; the Sex Discrimination Act 1970; The Disability Discrimination Act 1995; The Equality Act (Sexual Orientation) Regulations 2007; The Employment Equality (Religion and Belief) Regulations 2003; The Employment Equality (Sexual Orientation) Regulations 2003; The Equal Pay Act 1970; The Employment Equality (Age) Regulations 200

What are the Act’s main aim ?

The Act aims to provide protection for individuals against discrimination, whether it is direct or indirect, harassment and victimisation in service and public functions and where any type of work relationship exists.

Who does the Act protect?

The Act specifically protects nine characteristics. They are, age, disability, religion and belief or lack of belief, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity,

The Act increases its level of protection by allowing, for example, direct and indirect disability claims. This means that those with the disability as well as those associated with someone with the protected characteristics, such as a carer, are protected. The Act also protects those who are perceived, but do not actually have, one of the characteristics.  The Act extends protection from 3rd party harassers to all protected characteristics.

The Act has also tweaked the definition of some of the definitions of the characteristics. It is now easier for a person who might be classed as disabled to fall under the Disability characteristic. The definition now states that a person is disabled if “they have a physical or mental impairment [which] has a long-term adverse effect on their ability to carry out normal activities”.  The Gender reassignment definition has also been amended as they are now provide protection for transsexual people who is proposing, undergoing or undergone a process for the purpose of sex reassignment. The Act no longer requires the person to be under medical supervision in order to be protected.

The Act has also limited the types of questions recruiters can ask about disability and health making it easier for disabled people to pass the employment screening process.

What if you breach the Act?

If you are held to be in breach by a Court then you may be liable to pay damages. A court can also bring to an end the discriminatory behaviour. If an Employment Tribunal finds an employer guilty of discrimination it will have the power to make recommendations to eradicate or minimize the factors that led to the discrimination.  This is meant to help reduce any further discrimination from taking place.

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