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Are you ready?

16/04/2010

Are you ready?

The Equality Act 2010 has been approved by the House of Commons and will enter the statute book this week, coming into force in October 2010.

Some of the main features of the legislation include the following:

  • Discrimination law is to be harmonised to cover age, disability, sex, gender reassignment, sexual orientation, race, religion or belief;

  • The offence of indirect discrimination is to be replaced with a prohibition on discriminating against a person with a disability by treating them unfavourably when the treatment is not justified as being a proportionate means of achieving a legitimate aim;

  • Employers will not be permitted to question job applicants about their health and whether they have a disability – other than in specific circumstances;

  • The prohibition on discrimination by association will be extended to protect spouses, partners, parents and carers who look after a disabled person or older relative from discrimination;

  • From April 2011 an employee who claims they have been specifically discriminated against for a combination of reasons, for example as they are a disabled Asian man rather than just because of their race, gender, or disability, will be able to claim for this combination of characteristics;

  • Employees will be free to discuss pay and whether there is a connection between pay and having particular characteristics; and

  • The Tribunal will have the ability to make recommendations in cases where unlawful discrimination has occurred, for example providing training for staff, or setting up a review panel to deal with discrimination issues.

Is your business ready for the changes? By October 2010 employers will need to make a number of changes to the way they operate to ensure that they do not fall foul of the new provisions, this may include re-drafting application forms or interview questionnaires, or amending employment contracts and hand books to take into account the changes.

Should you require any advice or assistance in relation to how the implementation of the legislation will effect your business please contact John Hassells at KBL on 01204 527777.