* Steve Tullock 8 th December 2011 The Equality Act 2010 What changes?

Background The Equality Act repeals most of the existing discrimination legislation It condenses nine pieces of legislation into one single Act Received royal assent 8 April 2010 Staged implementation from October 2010

Protected characteristics age disability gender reassignment race religion or belief sex sexual orientation marriage and civil partnership pregnancy and maternity

Discrimination Employer liable for… AND employees can be personally liable for their own actions Own actions Some employee actions Some 3 rd party actions Who is liable?

Discrimination equality law has been broadened while others have remained the same with some new definitions added

Direct Discrimination no change occurs when someone is treated less favourably than another person because of a protected characteristic

Discrimination by association has been extended this is direct discrimination against someone because they associate with another person who possesses a protected characteristic

Discrimination by perception has been extended this is discrimination against an individual because others think they possess a protected characteristic. it applies even if the person does not actually possess that characteristic

Indirect Discrimination has been extended occurs when a company has a rule, policy or practice which applies to everyone but particularly disadvantages people who share a protected characteristic indirect discrimination can be justified if it is a “proportionate means of achieving a legitimate aim”

Harassment has changed “unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual”.

Third party harassment has been extended employers can potentially be liable for harassment of employees by people (third parties) who are not employees of the company (e.g. customers). liability arises when harassment has occurred on at least two previous occasions, the employer is aware that it has taken place, and has not taken reasonable steps to prevent it from happening again.

Victimisation has changed victimisation occurs when someone is treated badly because they have made a complaint or raised a grievance under the Equality Act. there is no longer a need to compare treatment of an alleged victim with that of a person who has not made or supported a complaint under the Act.

Other key changes

Discrimination arising from a disability New type of discrimination Disabled person is treated unfavourably, not because they have a disability (which would be direct discrimination), but because of something that is connected with their disability; and That treatment cannot be objectively justified as being a proportionate means of achieving a legitimate aim.

Pre-employment health questionnaires Applies to questions asked about health or disability before offering employment The Act prohibits these questions but…there are exemptions EHRC can take action Jobseekers are still able to make claims

Gender reassignment New definition No longer requires a person to be under medical supervision for protection

Positive action employers can take positive action if they think that employees or job applicants who share a protected characteristic suffer a disadvantage connected to that characteristic

Positive action recruitment – currently on hold Allows a protected characteristic to be taken into account during the recruitment process When the selection assessment rates them as equal Can choose to recruit or promote because of the protected characteristic

Extension of employment tribunal awards Previously tribunal recommendations only applied to claimants involved Employers now required to act on the recommendations of the employment tribunal for the benefit of the whole workforce Failure to do so can be used as evidence in subsequent tribunal cases

Equal pay and pay secrecy The framework for equal pay remains the same A claim of direct pay discrimination can be made even if no real person comparator can be found The Act makes it unlawful to prevent or restrict employees from having a discussion to establish if differences in pay exist that are related to protected characteristics

Exemptions and Justification Occupational requirement Religion or belief Organised religion Age discrimination

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