Equality Act 2010

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The majority of the Equality Act 2010 came into force on October 1, 2010. The Act simplifies, strengthens and replaces previous U.K. discrimination legislation (such as the Sex Discrimination Act 1975 and the Disability Discrimination Act 1995).

The Act covers discrimination on the grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. These are now called ‘protected characteristics’. The basic framework of protection against direct and indirect discrimination, harassment and victimisation in the workplace is also covered.

Some key changes from previous legislation include:

  • There is improved protection from discrimination for people who are perceived to have, or are associated with someone who has, a protected characteristic.  This may affect employees who are also ‘carers’.
  • Employees may now make an harassment complaint even if they are not the direct victim. They need to demonstrate that they find the harassment offensive.
  • The Act limits the circumstances where an employer can ask health-related questions before it offers an applicant a job. There are a few limited exceptions to this rule.  For example, to assess whether an employee is able to carry out a function that is essential to the job, to monitor diversity and to decide whether any reasonable adjustments are required for the selection process.
  • The Act makes it unlawful for an employer to prevent or restrict its employees from discussing their pay if the purpose of the discussion is to establish the existence of discrimination. Pay secrecy clauses in a contract of employment are also unenforceable.

For further information on all the legislation changes and how they may affect your business visit www.equalities.gov.uk.

Last reviewed 3/5/2011

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