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Sandra Beaufoy HR Adviser, Equality and Diversity The Equality Act 2010
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Background to the Equality Act 2010 Consolidates nine separate pieces of anti-discrimination legislation into a Single Act Streamlines and simplifies existing protection into one place. Lack of progress in Great Britain on equality
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What does the Equality Act do? Updates and amends existing strands of anti-discrimination law. Creates a new Single Equality Duty on public bodies (including HEIs) Supports equal pay and removal of secrecy clause in discussing pay
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What else does the Equality Act do? Changes - definition of direct discrimination, and of specific protected characteristics Extended protection for disabled people Breastfeeding now explicitly protected. Extends the scope for positive action
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What else does the Equality Act do? New protection on grounds of pregnancy & maternity Limitations on the use of health related questions during recruitment & selection Wider equality objectives – in tenders New protection from third party harassment
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What is the Equality Duty? Equality duty is a duty on public bodies, including HEIs and others carrying out public functions. Consists of a general duty, with 3 main aims – came into force 1 st October 2010 And specific duties, which are intended to help public bodies meet the general duty – came into force 10 th September 2011
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Protected Characteristics Age Disability Gender Reassignment Race Religion or Belief (includes lack of belief) Sex Sexual Orientation Pregnancy and Maternity Marriage and civil partnership
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General Duty – 3 main aims It requires HEIs to have due regard to the need to: Combat discrimination, victimisation and harassment Promote equality of opportunity Foster good relations
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How to demonstrate due regard Consider the three aims of the general duty when making decisions as employers and education and service providers; e.g: When developing, evaluating and reviewing policies Designing, delivering and evaluating services Commissioning and procuring services from others
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The Specific Duties General duty underpinned by a number of specific duties: Publish annually information to demonstrate compliance with the Equality Duty by 31 January 2012 Publish at least every four years, one or more specific and measurable equality objective – 6 April 2012
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Types of Discrimination covered by the Act Direct discrimination – by association – by perception – the discriminator’s characteristics Indirect discrimination Combined discrimination/dual characteristics – not yet in force
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What this means for the University Review/revise all policies and procedures to ensure compliance with the Act which will include undertaking equality analysis (EIAs) Review Single Equality Scheme/Action Plan Consult and communicate changes/ actions to departments
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What this means for the University Prepare and publish information on: Effect of policies and practices Evidence of equality analysis undertaken Equality objectives Details of engagement undertaken
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Any Questions?
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