1. Equality Act 2010 September 2010

2. The legal context  There is a strong legal framework underpinning equality activity  The law covers employment and in some cases provision of goods and services  It outlines clearly what is unlawful in terms of discrimination  Public authorities are also subject to a number of ‘positive duties’

3. Equality Act 2010  Reforms and harmonises discrimination law (over 116 separate pieces of legislation)  Main provisions of the Act come into force in October 2010  April 2011: Socio-economic duty, Equality Duty and protection from dual discrimination  2012: Ban on age discrimination in provision of goods, facilities, services and functions

4. Nuts and Bolts…

5. Protected Characteristics  gender  pregnancy and maternity  race  marriage and civil partnership  disability  age  sexual orientation  religion or belief (or none)  gender re-assignment.

6. Public Sector Equality Duty  Eliminate discrimination, harassment and victimisation  Advance equality of opportunity between persons who share a protected characteristic and persons who do not share it  Foster good relations between persons who share a protected characteristic and persons who do not share it.

7. Equality Act 2010 Retains familiar concepts (with some revisions)  Direct Discrimination  When someone is treated less favourably than another on equality related grounds  Indirect Discrimination  When an action appears to affect everyone equally but in fact disadvantages one or more groups  Victimisation  being treated less favourably than others in the same circumstances because of making a complaint  Harassment  Unwanted conduct which has the effect of : violating the other person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment

8. Equality Act 2010: Additional Concepts  Direct Discrimination definition extended  covers association and perception  Combined or Dual Discrimination  Protects people who experience discrimination because of a combination of protected characteristics  Detriment Arising from disability

9. Equality Act 2010: Additional Concepts Positive Action scope extended to allow activity to overcome or minimise disadvantage The act extends the law to include positive action in activities related to recruitment, promotion and students ON A CASE-BY-CASE BASIS AND VOLUNTARY E.g. If there are two or more equal candidates for a job (or promoted post), the candidate from a “disadvantaged” group can be favoured if: -The appointed candidate is part of a group who share a protected characteristic -Is at a disadvantage or under-represented -As qualified as the other candidate(s)

10. Other Additions  Gender Reassignment: Requirement to be receiving medical treatment has been removed  Pre-employment health questionnaires banned except where reasonable adjustments need to be invited (after initial selection and offer has been made)  Definition of ‘belief’: -Genuinely held -Not an opinion or viewpoint -Weighty and substantial aspect of human life and behaviour -Worthy of respect in a democratic society -Compatible with human dignity and not conflict with the rights of others

11. Other Additions  Age discrimination ban extended (travel concessions retained)  Secrecy Clauses banned  Publish information on rates of pay to establish if there are any differences between males and females  Publish minority ethnic and disability employment rates  Strengthened procurement element....introduction of a new voluntary “kite-mark” much like the ‘Two Ticks’ symbol

12. What has changed?  No longer a legal requirement to publish equality schemes however requirement to develop and publish equality objectives  A shift toward evidence based objectives – reflective of local circumstances  National objectives to be developed  Requirement to assess and demonstrate equality impact on key policy and service delivery initiatives – process not prescribed

13. What has changed?  Removal of pre-employment questionnaires - unless job relevant  Strengthening exiting and establishing new concepts could make it easier for people to make claims  Employment tribunals will be able to make recommendations beyond individual cases  Next slide shows the coverage of the Act by Protected Characteristic