The Equality Act will become law in October 2010. This Act replaces previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what you as the employer need to do to make your workplace a fair environment and to comply with the law.
The Equality Act covers the same groups that have been protected by existing equality legislation – age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity – but as of October 2010 this new legislation will also extend some protection to groups not previously covered, and at the same time will also strengthen particular aspects of equality law.
The Equality Act is a mixture of rights and responsibilities that have:
• Stayed the same – for example, direct discrimination still occurs when "someone is treated less favourably than another person because of a protected characteristic".
• Changed – for example, employees will now be able to complain of harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them.
• Been extended – for example, associative discrimination (direct discrimination against someone because they associate with another person who possesses a protected characteristic) will cover age, disability, gender reassignment and sex as well as race, religion and belief and sexual orientation.
• Been introduced for the first time – for example, the concept of discrimination arising from disability, which occurs if a disabled person is treated unfavourably because of something arising in consequence of their disability.
Importantly, employers need to be aware of the areas that will change. So what's changing?
• Indirect discrimination
• Associative discrimination
• Perceptive discrimination
• Harassment
• Harassment by a third party
• Victimisation
• Positive action
• Pre-employment health related checks
• Extension of employment tribunal powers
• Equal pay direct discrimination
• Pay secrecy
Time to consider…..!
You may be thinking that you already have an equality and diversity policy and therefore don’t need to do anything else when the new equality Act is implemented.
However, there are some specific changes such as discrimination by association or perception and around the area of disability – Are you still sure you don’t need to do anything further?
As an employer have you considered / implemented non disclosure of pay rates discussions between members of staff? Under the terms of Equality Act, this would be an unenforceable part of their contract of employment.
As a result of the changes, you as an employer may need to review and change some of your policies and procedures within the workplace to ensure full compliance with the new legislation. Fairways can help you to review and implement changes with ease.
http://www.fairways-uk.com/3/3/Services/HR_Services.html