Introduction to Equality Act 2010
An introduction to the Equality Act 2010 – an Act which simplifies the law and removes many of the inconsistencies between the application of the different forms of protection.
Protected characteristics and the Equality Act 2010
The main part of the Equality Act begins by setting out what it describes as protected characteristics. These are to be found in Chapter 1 of Part 2 of the Equality Act. This item looks at these protected characteristics.
Prohibited conduct and the Equality Act 2010
Chapter 2 of Part 2 of the Equality Act deals with what it describes as prohibited conduct. In other words it sets out what it regards as discriminatory activity. As well as some familiar terms, such as direct discrimination and harassment, the Equality Act also contains some new forms of discrimination such as associative discrimination.
Adjustments for disabled persons under the Equality Act 2010
In addition to discriminatory conduct, chapter 2 of the Equality Act also deals with adjustments which must be made for those with a disability and draws together and extends all of the previous duties to which suppliers and employers were subject.
Barristers and advocates provisions in the Equality Act 2010
The Equality Act continues to make provisions specifically for barristers and advocates, as did the previous legislation. The provisions are to be found principally in sections 47 and 48, although there is a provision relating to positive action in respect of barristers and advocates (see below) in section 159.
Positive Action and the Equality Act 2010
As with earlier legislation, the Equality Act allows employers and others to take positive action if they believe that employees or job applicants who share certain protected characteristics are experiencing a disadvantage which is linked to that characteristic or are not participating sufficiently in a particular activity.
Pre-employment health related checks
Section 60 of the Equality Act 2010 provides that a prospective employer must not ask about the health of an applicant before offering them work or before including them in a pool of people to whom work will be offered when it becomes available, unless it is in relation to certain excepted matters.
Courts and tribunals and the Equality Act 2010
The Equality Act has introduced a number of new provisions amending and extending the powers of the employment tribunal and county or sheriff courts. This item looks at time limits, power to make a recommendation and burden of proof.
Equal pay under the Equality Act 2010
Although the provisions of the previous legislation are largely mirrored in the new legislation, there are a few significant changes to the way in which equal pay is dealt with, including in relation to comparators, pay secrecy and the publishing of information.
Other changes and provisions in the Equality Act 2010
The Equalities Act runs to some 238 pages (in its printed form) and contains a total of 218 sections and 28 schedules. This sections lists some of the issues not dealt with in these articles.
Practical implications of the Equality Act 2010
This section looks at the main issues which firms should be addressing within their firms as a result of the Equalities Act 2010.
Finding out more about the Equalities Act
The provision relating to discrimination and equality continue to be complex, notwithstanding the introduction of the Equality Act. This section is a list of some of the resources available to those who want to learn more.
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