1. * The Equality Act 2010 What changes?

2. Domestics

3. Objectives for the day Explain the background to the Equality Act 2010 Explore the new codes of practice Describe the new protected characteristics State the new types and definitions of discrimination Describe other changes as a result of the Act Explain the new Public Duties Identify the actions you need to take to address the changes

4. quiz

5. One in Ten One in Five One in Three What proportion of the UK workforce is now aged over 40?

6. One in Ten One in Five One in Three What proportion of the UK workforce is now aged over 40?

7. One in Ten One in Six One in Three At any one time how many workers are experiencing mental health problems?

8. One in Ten One in Six One in Three At any one time how many workers are experiencing mental health problems?

9. 20% 40% 50% In terms of average hourly earnings, what % less do female full-time employees earn than their male counterparts?

10. 20% 40% 50% In terms of average hourly earnings, what % less do female full-time employees earn than their male counterparts?

11. 2% 10% 40% What % of gay men and lesbians have suffered discrimination at work because of their sexuality?

12. 2% 10% 40% What % of gay men and lesbians have suffered discrimination at work because of their sexuality?

13. £50,000 £65,300 £21,000 What is the average Employment tribunal award for a discrimination claim?

14. £50,000 £65,300 £21,000 What is the average Employment tribunal award for a discrimination claim?

15. 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

16. Help available – Guidance and codes of practice Non statutory guidance will be available in the areas of employment, services, public functions and associations, and education. Code of practice will be available in the areas of employment, equal pay, and public functions and associations EHRC guidance available from August 2010

17. Protected characteristics

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

19. Changes to the definitions

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

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

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

23. 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

24. 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”

25. Dual Discrimination – currently on hold is discrimination because of a combination of two protected characteristics it can only be claimed when the discrimination is direct and cannot be claimed in cases of harassment

26. 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”.

27. 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.

28. 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.

29. Other key changes

30. 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.

31. Disability discrimination indirect discrimination reasonable adjustments

32. 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

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

34. 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

35. 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

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

37. Other changes Extension of tribunal awards Equal pay and pay secrecy Unified equality duties (on hold) Transition arrangements

38. How Acas can help helpline 08457 47 47 47 training sessions workplace training mediation publications www.acas.org.uk

39. Contact information Acas helpline 08457 47 47 47 Acas website www.acas.org.uk Government equalities office equalities.gov.uk Equality and human rights commission equalityhumanrights.com *