Whatever our role within an organisation, we need to know about equality. An employer may be small or large - equality law still applies. Whatever the sector an organisation is in or whatever the type of systems and processes it uses, equality issues are all around.
The focus on equality issues is sharpened by the implementation of the Equality Act 2010 which is effective from 1st October 2010. All employers and employees have legal obligations under the Equality Act. Of course, embracing all of the changes brought about by the Act are employers of choice - those forward thinking businesses that recognise the benefits to everyone of showing respect and dealing with issues openly and fairly at work.
Equality Act Provisions coming into force on 1 October 2010...
- The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.
- Changing the definition of gender reassignment, by removing the requirement for medical supervision.
- Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.
- Clearer protection for breastfeeding mothers;
- Applying the European definition of indirect discrimination to all protected characteristics.
- Extending protection from indirect discrimination to disability.
- Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment.
- Applying the detriment model to victimisation protection (aligning with the approach in employment law).
- Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.
- Extending protection from 3rd party harassment to all protected characteristics.
- Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.
- Allowing hypothetical comparators for direct gender pay discrimination.
- Making pay secrecy clauses unenforceable.
- Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
- Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.
- Harmonising provisions allowing voluntary positive action.
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