28 September 2010

Over the last four decades, discrimination legislation has played an important role in helping to make Britain a more equal society. However, the legislation was complex and, despite the progress that has been made, inequality and discrimination persist and progress on some issues has been stubbornly slow.

The Equality Act 2010 provides a new cross-cutting legislative framework to protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them. The Government is considering how the different provisions will be commenced so that the Act is implemented in an effective and proportionate way. The vast majority of the Act’s provisions will come into force on 1 October 2010. These are provisions include:

• The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport
• Changing the definition of gender reassignment, by removing the requirement for medical supervision
• Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers
• Clearer protection for breastfeeding mothers;
• Applying the European definition of indirect discrimination to all protected characteristics
• Extending protection from indirect discrimination to disability
• Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment
• Applying the detriment model to victimisation protection (aligning with the approach in employment law)
• Harmonising the thresholds for the duty to make reasonable adjustments for disabled people
• Extending protection from 3rd party harassment to all protected characteristics
• Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health
• Allowing hypothetical comparators for direct gender pay discrimination.
• Making pay secrecy clauses unenforceable
• Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment
• Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce
• Harmonising provisions allowing voluntary positive action

For more information on the Equality Act 2010 please use the following link: http://www.legislation.gov.uk/ukpga/2010/15/contents