Equality Act 2010
description
Transcript of Equality Act 2010
The Equality Act 2010
25 June 2010
Equality Act 2010
2 main purposes of the Act:
To harmonise discrimination law To strengthen the law to progress on
equality
..resulting in general benefits to the economy
[16 Parts, 28 Schedules, 218 Sections!]
In summary:New socio-economic duty (public bodies)Widens scope for voluntary positive actions Integrated equality duty – to include procurement activitiesEmpower tribunals to make wider recommendationsNew PCs: gender reassignment and pregnancy/maternityDual discriminationWidens scope of age discriminationPower to require gender pay gap reporting (private sector)Extends protection against harassment outside the
workplace
Equality Act 2010
Equality Act 2010
The new ‘socio-economic duty’ - will it survive?
Public bodies (not direct to front-line services)Strategic decisionsTo consider how decisions might help to
reduce inequalities associated with socio-economic disadvantage
Judicial review
Examples
Equality Act 2010The Protected Characteristics:Age Disability (changed)Gender reassignment (changed)Marriage and civil partnershipRace (including caste – new)Religion or beliefSexPregnancy/maternitySexual orientation
Equality Act 2010Gender reassignmentNo longer required to be under medical supervisionWhere a person has proposed, started or completed
a process to change sex
Caste discriminationPower to add ‘caste’ to definition of ‘race’Arguably already includedNational Institute of Economic and Social Research
Equality Act 2010
Pregnancy and maternity discrimination
Extended to non-work cases: in relation to public functions, education and to associations
Examples
Equality Act 2010
Simplifying & standardising definitions and concepts
Direct discrimination: association and perception
Uniform definition of indirect discriminationNo need for comparator in all victimisation
claimsExtends protection from discrimination
Direct Discrimination - Association and Perception
Occurs where A treats B less favourably than others ‘because of’ a protected characteristic
Exception: in marital or civil partnership cases, the PC must be that of the complainant
Protection extended to apply in areas where it does not exist
Harassment as well
Equality Act 2010
Equality Act 2010
Definition of ‘Indirect Discrimination’
“Where a policy disadvantages a group of people with a PC, a person in that group is indirectly discriminated against if they are put at that disadvantage unless policy can be justified….
...i.e. if it is a proportionate means of achieving a legitimate aim”
HarmonisedExtended to disability and gender reassignmentBut not pregnancy/maternity
Equality Act 2010Dual DiscriminationClaims in relation to combination of two PCsWhere single strand unlikely to succeedNot marriage and civil partnership or
pregnancy/maternity discriminationExamples
NB. Public sector equality duty: due regard to the need to eliminate unlawful dual discrimination
Equality Act 2010
Disability Discrimination
Definition Pre-employment health enquiries Discrimination arising from disability …and indirect discrimination Reasonable adjustments
Equality Act 2010
Pre-employment health enquiries
The rule: ban on making enquiries The 6 exceptions
Equality Act 2010
Discrimination arising from disability“Where a disabled person is treated unfavourably because of
something arising form, or in consequence of their disability, unless treatment can be justified…
…i.e. if the treatment is a proportionate means of achieving a legitimate aim”
Post-Malcolm No need for a comparator
..and disability covered by indirect discrimination..
Examples
Equality Act 2010
Reasonable adjustments
Taking reasonable steps to provide auxiliary aids
Including the provision of information in accessible format
Equality Act 2010
Equal Pay – most in need of reform, but least reformed!
Secrecy clauses- Not allowed to discuss pay with colleagues unless discussion
aimed at establishing if discrimination (‘relevant pay disclosure’)
Gender pay reporting – which way will the Government go?
- Power to make regulations requiring private sector employers 250+ employees to publish information
- Compulsory pay audits or only when lose at ET?
Equality Act 2010
Positive Action
Permits positive action in recruitment and promotion
In specific situations – limited scopeVoluntaryCoalition Government’s approach?
Equality Act 2010
Public Sector Equality Duty
New single equality dutyAll PCs except marriage and civil
partnershipDue regard to the need to advance equality
of opportunity and foster good relationsProvides significant rationalisation benefits..
Equality Act 2010
Territorial jurisdiction
Employees employed in Great Britain at the time of dismissal
Expatriate employees, e.g. foreign correspondents, or working in British enclave
Narrower scope
Equality Act 2010
Enforcement and Remedies
Tribunal can make recommendations to benefit wider workforce and help prevent discrimination
Does not apply to equal pay claims
*****Burden of proof: employee has to establish
prima facie case, then employer has to prove not guilty
Drawing inferences
Contact:
Sarah PughWH Law LLP Solicitors
Finch House28-30 Wolverhampton Street
DudleyWest Midlands DY1 1DB
Tel.: 01384 453383Email: [email protected]