Posted: Tuesday 31 August 2010
Equality Act - Implementation
After months of speculation, the Government Equalities Office (GEO) has finally confirmed which provisions of the Equality Act 2010 will come into force on 1 October 2010.
The Equality Act 2010 is the most significant development in discrimination law in recent times. It will consolidate and build upon existing protections from discrimination. The Act was passed by the previous Government but has not yet come into force. There was uncertainty in relation to the current Government's approach to the Act so it has been unclear for the past few months when, and indeed if, all of the provisions of the Act would become law.
According to the GEO, the main provisions of the Act will come into force on 1 October, including the following:
- “The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.
- Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.
- Extending protection from indirect discrimination to disability and introducing the new concept of “discrimination arising from disability”, to restore the protection from “disability-related discrimination” lost as a result of the Malcolm case.
- Extending protection from 3rd party harassment to all protected characteristics.
- Preventing employers asking job applicants questions about disability or health before making a job offer, except in specified circumstances.
- Making pay secrecy clauses unenforceable.
- Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
- Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.
- Harmonising provisions allowing voluntary positive action.“
The GEO is still consulting on the best way to implement the public sector equality duty. It is also still considering a number of other potentially far reaching provisions including:
- combined discrimination involving discrimination relating to more than one protected characteristic;
- the introduction of an obligation to provide gender pay gap information; and
- provisions relating to positive action in recruitment and promotion.
Morton Fraser's employment team has put together an interactive training session on the provisions of the Equality Act suitable for employees in all sectors. The session lasts between 2 and 3 hours and is designed to raise awareness of these issues and stimulate thought in an informative and fun way. It can be delivered at a time and place to suit your organisation. If you are interested in discussing this please contact us.
