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Here comes the Equality Act 2010 |
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01 December 2010 |
The majority of the Equality Act 2010 became law this October, following some earlier confusion over the implementation time-table resulting from May's change of government.
The aims of the new act, following some 40 years of legislation designed to make Britain a more equal society, are to update, simplify and strengthen the previous regime, so protecting individuals' rights more effectively and enabling equality of opportunity for all.
The majority of the Equality Act 2010 became law this October, following some earlier confusion over the implementation time-table resulting from May's change of government.
The aims of the new act, following some 40 years of legislation designed to make Britain a more equal society, are to update, simplify and strengthen the previous regime, so protecting individuals' rights more effectively and enabling equality of opportunity for all.
While at the time of writing there were still some small areas of uncertainty as to precisely what will come into force this year, it is clear that changes to the regime will make it easier for employers and businesses to comply with equality legislation.
The main areas addressed by the act, known as 'protected characteristics' are:
* Age
* Disability
* Gender reassignment
* Marriage and civil partnership
* Pregnancy and maternity
* Race
* Religion or belief (including lack of belief)
* Sex and sexual orientation.
These are all familiar areas, as they have been covered by legislation for many years. Similarly, those acts that are expressly unlawful under the new act are already unlawful under the established regime: direct and indirect discrimination, harassment and victimisation relating to any of the protected characteristics.
It also seems likely that the provisions due for implementation at a later date will include the new concept of dual discrimination, extended Equality Duty for the public sector and a specific prohibition on age discrimination within the services and public functions.
One important feature of the act is expected to be greater transparency on pay in a bid to prevent gender pay imbalances. It will do this by making any 'secrecy' clauses in employee contracts unenforceable in certain situations. From 2013, assuming sufficient progress has been made, it will also require organisations with 250 or more employees to publish information that reveals whether or not there is a gender pay gap.
This move towards greater pay transparency is of concern to some employers who are worried that it might lead to unrest in the workplace |
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