|
The Equality Act 2010 sought to
consolidate nine previous Acts of
Parliament, 100 statutory instruments
and approximately 2500 pages of guidance
into a more concise publication
occupying a mere 251 pages and written
in plain English.
But, despite its intended aim to simplify
the law, it has been estimated there could be a net cost to UK
businesses of around £189.2m in time
spent trying to understand the new
rules. So what are the key changes you
should be aware of? Read our quick
guide below. |
One key enforcement is the introduction
of the term ‘protected characteristics’
to collectively refer to the various
branches of discrimination law. |
Streamlining the law
A notable aim of the new act has been to
harmonise existing legislation. One key
enforcement is the introduction of the
term ‘protected characteristics’ to
collectively refer to the various
branches of discrimination law –
disability, age, marriage/civil
partnership, pregnancy/maternity, race,
religion or belief, gender reassignment,
sex and sexual orientation.
ill-advised questions
In an attempt to reduce disability
discrimination in recruitment, employers
who ask potential employees questions
about their health prior to them
commencing employment will now be
considered to be breaking the law. This
extends to recruitment agencies - should
they ask candidates any health-related
questions, they may be deemed jointly
liable with the employer for whom they
are acting.
discussing wages no longer taboo
Under the new Act, it became illegal to
demand non-disclosure of salary details
in an employee’s contract. Essentially
this means that employees will be free
to discuss their pay with colleagues,
and to challenge unfair pay.
discrimination and harassment
The Act also clarifies the law with
regards to the definitions of direct and
indirect discrimination and harassment.
‘Direct discrimination’ is simply
classed as one person treating another
with a protected characteristic less
favourably than they would others.
The term ‘indirect discrimination’
refers to a policy or rule a company has
in place which applies to all staff but
poses particular disadvantages to those
of a particular protected
characteristic. The new laws have been
extended to cover disability and gender
reassignment which were not previously
acknowledged under this category.
The definition of ‘harassment’ has
extended to “unwanted conduct related to
a relevant protected characteristic,
which has the purpose or effect of
violating an individual’s dignity”.
is your business compliant?
You must ensure you have updated your
policies to reflect the new Act,
otherwise you could already be breaking
the law. To ensure compliance, Dawson
Hart Solicitors suggests the following:
-
Review your in-house equal opportunities and
equality policies, procedures and forms to
take into account the new protected
characteristics.
-
Amend any other associated policies on
discrimination, bullying or harassment, and
grievance procedures.
-
Provide updated equality training to
managers and staff to raise awareness of the
new laws and discourage discrimination in
the workplace.
|
.jpg)
