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The Equality Act - Are You Ready

28/09/2010

The Equality Act - Are You Ready

The Equality Act 2010 comes into force on 1 October 2010.

The key changes include:

  • 1) Amending the wording of the definition of discrimination to clearly cover discrimination based on perception of a prescribed characteristic. For example, a person is called names suggesting that person is gay. The person is not in fact gay, but will be able to bring a claim because of the perception that they are gay. ACTION – revise policies and procedures – consider training.

  • 2) The Act will prohibit direct discrimination and harassment based on association in respect of race, sex, gender reassignment, disability, sexual orientation, religion or belief and age. For example, an employee is refused a promotion because they care for a disabled relative. If the refusal is due to the disability then this will be discriminatory. ACTION – revise policies and procedures – consider training.

  • 3) Employers will be liable for the actions of third parties in certain circumstances. For example, where a customer sexually harasses an employee, the employer may be liable for the actions of the customer, if the employer has failed to take reasonably practicable steps to prevent such behaviour. ACTION – revise policies and procedures – consider training.

  • 4) Major changes to disability discrimination – effectively reversing the decision of London Borough of Lewisham v Malcolm [2008] IRLR 700 – which we covered in our update in 2008/2009. ACTION – revise policies and procedures – consider training.

  • 5) Outlaws employers' pre-employment health enquiries unless they are made for a number of limited prescribed reasons. In most cases, this will mean pre-employment health questionnaires, and some questions usually asked at interview, will be unlawful. ACTION – revise policies and procedures – consider training - revise offer letters, application forms and processes. Also, consider how to manage health questionnaire process post commencement of employment.

  • 6) Limits the enforceability of pay secrecy clauses. ACTION – assess risk of Equal Pay claims and take steps to mitigate any such risks.

  • 7) Employment Tribunals will have the power to Order employers to take any appropriate steps to help the general workforce. ACTION – undertake KBL’s health check of your policies, procedures, employment contracts and processes.

John Hassells, Head of the Employment team, comments - ‘The Equality Act represents the biggest overhaul of discrimination legislation for some time. Employers need to prepare now, if they haven’t already, to ensure that they do not expose their business to employment disputes and claims’.