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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for
general information only, is based on |
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Question: |
What are the main
effects of the Equality Act 2010? |
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Answer: |
The Equality Act comes into effect on the 1st
October 2010, with some provisions being delayed till 2011. I will not
attempt to summarise all of the provisions of the Act. However Some of the
main points to be aware of are: What is covered? ·
The Equality Act consolidates and extends discrimination law to cover
age, disability, sex, gender reassignment, sexual orientation, race, religion
or belief, marriage or civil partnerships which will be known as ‘Protected
Characteristics’. Disability: ·
‘Disability related' discrimination will be replaced with a
prohibition on discriminating against a disabled person by treating them
unfavourably where that treatment is not a proportionate means of achieving a
legitimate aim. ·
For example, an employee with a visual impairment is dismissed because
he cannot do as much work as a non-disabled colleague. If the employer sought
to justify the dismissal, he would need to show that it was a proportionate
means of achieving a legitimate aim. ·
Employers wont be able to ask job applicants questions about their
health and whether they have a disability, other than in specified
circumstances (including whether the applicant will be able to carry out a
function that is intrinsic to the work concerned). ·
Employers will still be entitled to screen applicants about health
after making a job offer. Discrimination by
Association: ·
The ban on discrimination by association (for example a parent of a
disabled child) will be extended to all protected characteristics. This will now
cover spouses, partners, parents and carers who look after a disabled person
or older relative from discrimination. They will be protected by virtue of
their very close link to that person. Discrimination based
on Perception: ·
Employees wrongly thought to have a protected characteristic (for
example, an employee thought to be gay but who isn’t) will be able to claim
for sex discrimination. Recommendations of
Tribunals: ·
Tribunals will be able to make recommendations when unlawful
discrimination is proved. ·
This could include re-training staff, publishing its selection
criteria used for staff transfer or promotion, setting up a review panel to
deal with equal opportunities, harassment and grievances. ·
Failure to comply could be damaging to the employer's reputation and
be used in evidence against the employer in future discrimination claims. Under Represented
Groups: ·
Employers can choose someone for a job from an under-represented group
when they have the choice between two or more candidates who are ‘as
qualified' as each other. However Many employers will not wish to take the
risk of trying to apply this in practice.
Talking about Pay: ·
Employees will be free to discuss pay, and whether there is a
connection between pay and having (or not having) a particular protected
characteristic. This will cover seeking or giving information with current
and former colleagues. ·
Action taken against them for being involved in such a pay discussion
will be unlawful victimisation. So secrecy clauses against talking about pay
will be out. ·
Employers with 250 employees or more will be encouraged, on a
voluntary basis, to publish their pay statistics to demonstrate how they are
tackling the gender pay gap. This may become compulsory in due course. Public
bodies with 150 or more employees may have to publish their gender pay
gap. See also our page on disability discrimination Last updated: July 2010 |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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