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Equality Act 2010: main provisions come into force 01 October

The Government Equalities Office (GEO) has announced which provisions of the Equality Act 2010 will come into force on 1 October 2010 stating that "the vast majority" of the Act's provisions will come into force on that date.

The main aim of the Act, which replaces all existing discrimination laws including the Disability Discrimination Act 1995, is to consolidate and harmonises complex discrimination legislation currently spread across dozens of Acts of Parliament and statutory instruments. The Act introduces a consistent approach to most of the concepts which apply to the different equality ‘strands’, and which the Act calls ‘protected characteristics’.

No new protected characteristics are introduced by the Act, however certain definitions have been amended slightly. The protected characteristics are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief (or lack of religion or belief)
• Sex
• Sexual orientation

Employers need to be aware of the following provisions in the list which includes:

• The "basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport";

• The new concept of "discrimination arising from disability", to restore the protection from “disability-related discrimination” lost as a result of the House of Lords' decision in Mayor and Burgesses of the London Borough of Lewisham v Malcolm 2008 (Section 15);

• Rules preventing employers from asking job applicants questions relating to health (and disability) prior to a job offer, except in specified circumstances (Section 60);

• The definition of ‘disability’ will change so that protection from indirect discrimination will be extended to disability;

• Improved protection from discrimination for people who are perceived to have, or are associated with someone who has, a protected characteristic (Section 13);

• New powers for employment tribunals to make recommendations which benefit the workforce as a whole (Section 124);

• Making pay secrecy clauses unenforceable (Section 77).

Furthermore, the Government is currently consulting on how best to implement the new single public sector equality duty (Ss.149-157), which brings together the existing gender, race and disability duties and extends them to cover age, sexual orientation, gender reassignment, pregnancy and maternity, and religion or belief.

The GEO also lists provisions that it is still considering, including:

• The socio-economic duty on public authorities;

• The right to bring dual discrimination claims protected characteristics (Section 14);

• Gender pay gap information (Section 78);

• Provisions relating to positive action in recruitment and promotion (Section 159).

Further information on the Equality Act 2010: 

Equality Act 2010, Government Equalities Office.

Equality Act 2010: What do I need to know?

Employers seeking clarification or advice on practical implications of the Equalities Act 2010 should contact a Pearson Hinchliffe Commercial Law employment solicitor using the details provided below. 

Pearson Hinchliffe Commercial Law | Hollinwood Business Centre, Albert Street, Hollinwood, Gtr Manchester, OL8 3QL
Telephone: +44 (0)161 785 3500, Fax: +44 (0)161 624 2589, Email: enquiries@pearson-hinchliffe.co.uk