Aug
20
Written by:
FJG
20/08/2010 09:26
There will be changes to the Equality Act in the coming year, which aim to simplify existing equality and discrimination legislation.
The Act will protect people from discrimination because of a ‘protected characteristic’. This could include discrimination based on sex, age disability, race, colour and nationality, belief and religion, sexual orientation, pregnancy and maternity or marriage and civil partnership. Each of these is a protected characteristic.
Discrimination on the grounds of disability will also be changed in the new Act in that the test of what constitutes a ‘disability’ will vary slightly. The aim of this is to make it easier for someone to show that their disability affects their ability to carry out day-to-day activities.
The new Act also allows claims for ’dual’ direct discrimination where a complainant makes a complaint on two protected characteristics. Pregnancy, maternity, married and civil partner status are excluded from dual direct discrimination claims.
There are changes from an employers point of view as well. The Act will allows employers to take positive action if an employee or job applicant has a protected characteristic which results in them suffering a disadvantage. Such positive action might include encouraging or training people to apply for jobs, increasing participation in activities and recruiting or promoting someone from an under-represented group. However, this is only where there are two or more candidates equally suited and positive action is voluntary.
Employers must also be aware that if a staff member is harassed by a third party which has happened at least twice before and they were aware of it and took no measures to prevent it continuing, they may be liable.
Furthermore there will be a ban on pay secrecy and employees will be able to discuss pay differences to establish whether the difference is related to a protected characteristic. Pay rates can still remain confidential to third parties.
The majority of the Act’s provisions will become law on 1 October 2010, with other parts hopefully coming into effect later. As a result of the above changes, employers should start reviewing their policies and practices to ensure compliance with the new Act.
If you require any further information on Employment Law please contact Lara Kennedy on 01206 835300 or go to www.fjg.co.uk to access podcasts and articles.