Equality Act 2010

Under the Equality Act 2006, it was unlawful for someone to discriminate against you because of your religion or belief (or because you have no religion or belief):

in any aspect of employment
when providing goods, facilities and services
when providing education
in using or disposing of premises, or
when exercising public functions.

In February 2005 the Government launched a review of UK discrimination law. The main objective was to consider the main principles and underlying concepts of discrimination law, investigate different approaches to compliance and enforcement, and consider the opportunity of introducing a single Act to harmonise discrimination law and strengthen it to support progress on equality. After years of consultation The Equality Bill was introduced in the House of Commons in April 2009, on 6 April 2010 it completed the final stage of its passage through Parliament, and on 1 October 2010 in became law.

The Act makes a number of important changes from an employment law perspective which need to be reflected in company policies and practices. Whilst the full impact of the changes the Act will bring is not yet known, it is important that organisations are fully up-to-date on the provisions contained in the new legislation to avoid unnecessary challenges to their policies and practices.

Summary of key changes to employment law

The Act introduces the following key concepts:

Unlawful discrimination in relation to nine “protected characteristics”.

A new definition of direct discrimination and harassment to cover “associative” and “perceptive” discrimination.

Harmonisation of the available defences in discrimination cases across all protected characteristics.

Liability for harassment of staff by third parties.

Discrimination arising from disability - protecting disabled people who are disadvantaged as a consequence of their disability.

Limits on the use of pre-employment health questions.

Limits on the validity of secrecy clauses which prevent staff from discussing their pay and contractual benefits.

Power for employment tribunal to make recommendations

The Act also introduces further key concepts which are not yet in force and the Government are currently considering whether and how to implement these provisions:

Extension of the scope of positive action allowing the taking of proportionate measures to overcome disadvantage or to meet specific needs based on a protected characteristic.

The potential to claim direct discrimination because of a combination of two protected characteristics.

Additional equality duties in the public sector and for organisations who exercise public functions.

Unlawful age discrimination in the provision of goods, facilities or services.

To find out more, download The Equality Act Guide for HR Professionals published by Anthony Collins Solicitors.

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