1. The Equality Act 5 years on
Welcome
Spring to Equalities:
The Equality Act 5 years on
7th March 2016
In association with

2. Introduction
Andrea Johnson

3. Equality North East Not for profit organisation established in 1997
We work to achieve the removal of barriers to employment and entry into employment facing minority and disadvantaged groups
Wholly owned subsidiary of Gateshead College since 2012
One of the founding members of the National Network of Equalities Networks (NNEN)
‘Leading the way to a fairer future for all by celebrating the value of Equality and Diversity through innovative training, support and networking opportunities'

4. The Equality Standards

5. Celebrating Success

6. North East Equality Awards

7. Working together to make a difference

8. Life is a roller coaster…

9. ConNEcting for Change - 2016
2016 – 350 member organisations, 20 Equality Champions, individual members
Self-funded
Virtual network
Extensive knowledge bank widely used

10. Extensive knowledge bank and resources

11. What it’s all about!
“Coming together is a beginning. Keeping together is progress. Working together is success.” (Henry Ford)

12. Paul Johnstone Partner Collingwood Legal Equality North East Associate
Equality Act 2010 – 5 years on!
Paul Johnstone Partner Collingwood Legal Equality North East Associate

13. Equality Act 2010 Consolidation of discrimination law
“protected characteristics”
religion or philosophical belief
pregnancy and maternity
marriage and civil partnership
age
race
sex
disability
gender reassignment
sexual orientation

14. Equality Act 2010 Applies not only
A: in the workplace (including pre-employment in relation to applicants for jobs and post-employment in relation to references); but also
B: in relation to services an organisation may provide

15. Equality Act 2010 Burden of proof on employer
“guilty until proven innocent”
Joint and several liability for employer and employee

16. Equality Act 2010 Types of discrimination direct indirect
victimisation
harassment

17. Direct discrimination
Section 13(1) Equality Act 2010
a person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others
Defence – employer to show “taken all reasonable steps to prevent”

18. Indirect discrimination
Section 19(1) Equality Act 2010
a person (A) discriminates against another (B) if A applies to B a provision, criterion or practice (PCP) which is discriminatory in relation to a relevant protected characteristic of B’s
PCP can sometimes be obvious, sometimes more difficult to identify

19. Indirect discrimination
Defence if employer can show PCP is a “proportionate means of achieving a legitimate aim”

20. Victimisation
A person (A) victimises another person (B) if A subjects B to a detriment because
B does a protected act
A believes that B has done or may do a protected act

21. Harassment A person (A) harasses another (B) if
A engages in unwanted conduct related to a relevant protected characteristic
the conduct has the purpose or effect of
violating B’s dignity
creating an intimidating, hostile, degrading, humiliating or offensive environment for B

22. “Objective” test Factors to be taken into account the perception of B
the other circumstances of the case
whether it is reasonable for the conduct to have that effect

23. Other concepts Discrimination by association
Discrimination by perception
No minimum period of employment or even to have been employed at all

24. Risk No limit on financial compensation
Injury to feelings – Vento / DaBell guidelines
lower band - £500 - £6,000
middle band - £6,000 - £18,000
Upper band - £18,000 - £30,000
(based on severity of behaviour)

25. Disability discrimination
“Disability” components
physical or mental impairment
substantial long term
adverse effect on normal day to day activities
Discrimination
relates to disability
less favourable treatment
arising from disability

26. Normal day to day activities
Impairment could adversely affect
manual dexterity
physical co-ordination
continence
ability to lift, carry or move everyday objects
speech
hearing or eyesight
memory or ability to concentrate, learn or understand
perception of the risks of physical danger

27. Reasonable adjustments
Disabled employees have all standard rights not to be directly or indirectly discriminated against, victimised or harassed
An employer also discriminates against a disabled person if
he fails to comply with a duty to make reasonable adjustments
he cannot show failure to comply with the duty is proportionate and legitimate

28. Examples of reasonable adjustments
Adjustments to premises
Allocate some of the employee’s duties to another person
Transfer to an existing vacancy
Altering hours of work / training
Assigning to a different place of work

29. Examples of reasonable adjustments cont...
Absence to allow for rehabilitation assessment or treatment
Acquiring or modifying equipment
Modifying procedures for testing or assessment
Providing a reader or interpreter
Providing supervision/other support
List is deliberately not exhaustive

30. Reasonable adjustments
Factors to consider in terms of reasonableness include
cost (NB: risk with considering cost alone)
availability of funding support
effectiveness
size and resources of the employer
disruption

31. Private sector companies
Company directors
Fiduciary duties
Companies Act 2006
Outsourcing and procurement contracts in the delivery of “services” to the public

32. Public Sector Equality Duty Section 149 (1)
Public authorities must, in the exercise of their functions, have due regard to the need to:-
(a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Act
(b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
(c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it

33. Public Sector Equality Duty Section 149 (1)
(3) having due regard to the need to advance equality of opportunity…
(a) remove or minimise disadvantages suffered by persons who share a relevant protected characteristic that are connected to that characteristic
(b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it
(c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low

34. Public Sector Equality Duty Section 149
(5) Having due regard to the needs to foster good relations between persons who share a relevant protected characteristic and persons who do not share it involves having due regard, in particular, to the need to:-
(a) tackle prejudice, and
(b) promote understanding

35. Equality Act 2010 Practical example:
dispute between neighbours / tenants
planning applications
construction projects
health and social care services
education services

36. Equality Act 2010 Remedies Employment Tribunals County Court
Judicial Review
EHRC – enforcement action

37. Useful guidance and resources
Equality North East
Equality and Human Rights Commission
Equalities Toolkit