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Equality Act 2010: October implementations confirmed

The Government Equalities Office confirms that the Equalities Act 2010 outlines 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 confirmed provisions of the Equality Act coming info force on 1 October include:

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

• Changing the definition of gender reassignment, by removing the requirement for medical supervision.

• Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.

• Clearer protection for breastfeeding mothers.

• Applying the European definition of indirect discrimination to all protected characteristics.

• Extending protection from indirect discrimination to disability.

• Introducing a new concept of 'discrimination arising from disability', to replace protection under previous legislation lost as a result of a legal judgement.

• Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.

• Extending protection from third party harassment to all protected characteristics.

• Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health before offering them work.

• Allowing hypothetical comparators for direct gender pay discrimination.

• Making pay secrecy clauses unenforceable.

• Introducing new powers for Employment Tribunals to make recommendations which benefit the wider workforce.

More information on the Equality Act 2010

There are some provisions, including positive action in recruitment and promotion, dual discrimination and gender pay gap information, which the Government is still considering.

Further information will be released on this website in due course.

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