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An Overview and Implications of The Equality Act 2010

An Overview and Implications of The Equality Act 2010. Contents. Implementation Timetable New Definitions & Concepts Key Changes Sections of the Act Implications for your Organisation. The Equality Act 2010: Implementation Timetable.

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An Overview and Implications of The Equality Act 2010

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  1. An Overview and Implications of The Equality Act 2010

  2. Contents • Implementation Timetable • New Definitions & Concepts • Key Changes • Sections of the Act • Implications for your Organisation

  3. The Equality Act 2010:Implementation Timetable • October 2010: Main provisions in force (depending on commencement regulations/ orders) • April/ July 2011: Expanded Public Sector Equality Duty (PSED) • April 2012: New age discrimination provisions • 2013: • Private & voluntary sector pay transparency regulations (if required) • Political parties publish diversity data

  4. The Equality Act 2010:Key Changes • New definitions for prohibited conduct, including: • Direct discrimination • Indirect discrimination • Discrimination arising from disability • Discrimination by perception • Discrimination by association • Extends protection from: • Harassment (and currently from harassment by a third party) • Victimisation • Increases the scope of : • Positive action • ‘Equality Strands’ become ‘Protected Characteristics’

  5. The Equality Act 2010:Prohibited Conduct • New list of prohibited conduct: • direct and indirect discrimination • discrimination arising from disability • gender reassignment discrimination: work absence • pregnancy & maternity discrimination • disability discrimination: duty to make reasonable adjustments • disability discrimination: failure to comply with the duty • harassment and victimisation

  6. The Equality Act 2010:Key Practical Definitions Direct discrimination: Treating a person less favourably on the grounds of their protected characteristic (or combination of protected characteristics)

  7. The Equality Act 2010:Key Practical Definitions Indirect discrimination: The application of a provision, criterion or practice (without objective justification) which applies equally to everyone, but which has a disproportionately adverse effect on a person with a protected characteristic (or combination of protected characteristics)

  8. The Equality Act 2010:Key Practical Definitions Discrimination arising from disability: Treating a person less favourably as a consequence of a characteristic of their disability (but not directly because of that disability)

  9. The Equality Act 2010:Key Practical Definitions Discrimination by perception: Treating a person less favourably because they are thought to have a particular protected characteristic when in fact they do not

  10. The Equality Act 2010:Key Practical Definitions Discrimination by association: Treating a person less favourably (or applying a provision, criterion or practice which has a disproportionately adverse effect on a person) because they are linked or associated with someone who has a protected characteristic (or combination of protected characteristics)

  11. The Equality Act 2010:Key Practical Definitions Harassment: Engaging in unwanted conduct, which has the purpose or effect of violating the other’s dignity, or creating an environment for the other that is hostile, intimidating, degrading, humiliating or offensive

  12. The Equality Act 2010:Key Practical Definitions Harassment by a third party: Persistent harassment of an employee during the course of their work by a customer or other user of the employer’s services. Such conduct can also be described as direct discrimination.

  13. The Equality Act 2010:Key Practical Definitions Victimisation: Treating someone differently from how they were treated before instigating (or winning) proceedings or being a witness on behalf of someone instigating proceedings

  14. The Equality Act 2010:Key Practical Definitions Positive action: Taking proactive measures to ensure that people with protected characteristics have specific opportunities in terms of training, employment or services where they have been denied these opportunities in the past due to unfair discrimination. The primary purpose of this approach is to promote diversity in the workplace and ensure equal access to services

  15. The Equality Act 2010:Key Practical Definitions Positive discrimination: Preferential treatment of people with one or more protected characteristics (on the grounds of those characteristics). It is intended to redress historic discrimination. It is only lawful under the Equality Act insofar as the treatment of Disabled People is concerned: A service provider or employer can positively discriminate in favour of a disabled person if a failure to do so would result in their being treated less-favourably than a non-disabled person

  16. The Equality Act 2010:Protected Characteristics The Equality Act strengthens the law in 9 key areas: Disability Sexual orientation Gender Gender reassignment Race Marriage and civil partnership Age Pregnancy and maternity Religion or belief However not every protected characteristic is protected in every aspect of employment and service delivery (for example the Public Sector Equality Duty does not cover marriage and civil partnership).

  17. The Equality Act 2010:More Key Changes • Gender equality pay monitoring introduced • Age discrimination provisions extended • Gender reassignment provisions: • New definition (and also partially extended to school children) • New selection provisions for political parties • New provisions for reporting diversity of political party candidates

  18. The Equality Act 2010:What’s New (in Employment)?

  19. The Equality Act 2010:Sections and Contents http://www.legislation.gov.uk/ukpga/2010/15/contents Part 1: Socio-economic inequalities Part 2: Equality: key concepts • Chapter 1 Protected characteristics • Chapter 2 Prohibited conduct Part 3: Services and public functions Part 4: Premises Part 5: Work Part 6: Education Part 7: Associations Part 8: Prohibited conduct: ancillary

  20. The Equality Act 2010:Sections and Contents • Part 9: Enforcement • Part 10: Contracts, etc. • Part 11: Advancement of equality • Chapter 1 Public sector equality duty • Chapter 2 Positive action • Part 12: Disabled persons: transport • Chapter 1 Taxis, etc. • Chapter 2 Public service vehicles • Chapter 3 Rail vehicles • Chapter 4 Supplementary • Part 13: Disability: miscellaneous • Part 14: General exceptions • Part 15: Family property • Part 16: General and miscellaneous

  21. The Equality Act 2010:Areas to be Reviewed • Need to consider: • the compliance timetable for the Act • all equality strands/ protected characteristics • new legal definitions & requirements • Key policies/ procedures, including: • Equality • Employment • Complaints • Service delivery

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