Equality
Act 2010
The Equality Act -
October 2010 Useful information for Employers
The
Equality Act
became law on Friday 1st October 2010 replacing most of the previous discrimination
legislation. The new act applies to the provision of services as well as employment. The
objective of the act is promoting equality for all by preventing discrimination
under several protected characteristics Age, Disability, Gender Reassignment,
Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief,
Sex and Sexual Orientation. Listed
below are some of the important factors:
Disability
- A person has a disability if she/he has a physical or mental impairment which
has a substantial and long term adverse effect on that person's ability to carry
out normal day-to-day activities. This includes things like using a telephone,
reading a book or using public transport. Indirect discrimination also covers
disabled people and it is discrimination to treat a disabled person unfavourably
because of something connected with their disability.
Discrimination
- Associative Discrimination - Direct discrimination
against a person because they have an association with someone with a particular
protected characteristic. It already applies to race, religion or belief, and
sexual orientation and is now to be extended to cover age, disability, gender
and gender reassignment. Direct Discrimination - against someone because
they think they possess a particular protected characteristic. Indirect Discrimination
- Can occur when you have a rule or policy that applies to everyone, but disadvantages
a particular protected characteristic.
Harassment
- Unwanted behaviour that has the purpose or effect of violating a person's dignity
or creates a degrading, hostile, humiliating, intimidating or offensive environment.
Employees will be able to complain of behaviour they find offensive, even if it
is not aimed at them and they need not possess the relevant characteristic themselves.
Harassment from a Third Party already applies to sexual harassment,
but is now extended to apply to the other protected characteristics. Employees
can now complain of behaviour they find offensive even if it is not directed at
them.
Transsexual
Person - Refers to a person who has the protected characteristic of gender
reassignment. This may be a woman who has transitioned or is transitioning to
be a man, or a man who has transitioned or is transitioning to be a woman. The
law does not require a person to undergo a medical procedure to be recognised
as a transsexual. They now get new protection and it will be discrimination to
treat transsexual people less favourably for being absent from work because they
propose to undergo, are undergoing or have undergone gender reassignment than
they would be treated if they were absent because they were ill or injured.
Victimisation
- Subjecting a person to a detriment because they have done a protected act or
there is a belief that they have done a protected act i.e. bringing proceedings
under the Act; giving evidence or information in connection with proceedings under
the Act; doing any other thing for the purposes or in connection with the Act;
making an allegation that a person has contravened the Act.
Recruiting New
Staff: Review your organisation's recruitment process and procedures to remove
inappropriate pre-employment medical questions. Review application forms and if
applicable, discontinue issuing a blanket 'pre-employment medical questionnaire'
to all job applicants if you currently do so. Ensure that line managers and managers
responsible for recruitment are trained on the implications of the Equality
Act.
Reporting Procedures:
Review how reporting procedures can be improved so that you can keep track of
third party harassment. Also be aware that employees can complain of harassment
even if the harassment was not aimed at him or her, or the employee doesn't possess
the protected characteristic themselves.
Additional
information: The
Act covers England and Wales, and Scotland with the exception of section 190 (improvements
to let dwelling houses) and Part 15 (family property). The
Act does not apply in Northern Ireland, with the exception of section 82 (offshore
work), section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates)
Act 2002) and section 199 (abolition of presumption of advancement). Any
specific duties imposed by a Minister of the Crown, Scottish Minister or Welsh
Minister to enable better performance in relation to the Public Sector Equality
Duty will apply to England, Scotland and Wales individually. ______________________________________________ Contact
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