THE EQUALITY ACT 2010

2010 will see an important and far reaching change to the discrimination legislation when the Equality Act becomes law in October 2010.

For over 40 years the UK has sought through legislation to make society less discriminatory, particularly in the workplace. However, the legislation was complex and, despite the progress that has been made, inequality and discrimination persist and progress on some issues has been stubbornly slow.

The Equality Act 2010 is intended to provide a new cross-cutting legislative framework to overhaul all the current discrimination legislation, protect the rights of individuals and advance equality of opportunity for all; to update, simplify and strengthen the previous legislation; and to deliver a simple, modern and accessible framework of discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society. It will replace; the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, much of the Equality Act 2006, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003, the Employment Equality (Age) Regulations 2006, and the Equality Act (Sexual Orientation) Regulations 2007 (all as subsequently amended), plus other ancillary pieces of legislation.

Cavendish Law currently envisages that the provisions in the Act will come into force as follows:

• October 2010: Main provisions.
• April 2011: The integrated public sector Equality Duty, the Socio-economic Duty and dual discrimination protection.
• 2012: The ban on age discrimination in provision of goods, facilities, s services and public functions.
• 2013: Private and voluntary sector gender pay transparency regulations (if required) and political parties publishing diversity data.

Employers obligations

As with all discrimination acts that carry unlimited damages in tribunal claims, it is essential that employers are aware of their obligations and provide training to their relevant employees, where required.

These changes will include, for example;

A well publicised late inclusion was clause 78 gender pay gap which provides for regulations to be made requiring employers with 250 or more employees "to publish information relating to the pay of employees for the purpose of showing whether, by reference to factors of such description as is prescribed, there are differences in the pay of male and female employees."

The Equality Act will, in addition, ban 'secrecy clauses'. According to the former Equal Opportunities Commission, nearly a quarter of employers include "secrecy clauses" in employment contracts, forbidding staff from talking about their wages. This practice will become illegal so that work colleagues will be able to compare wages in the future.

The Equality Bill will strengthen our equality law by:

• Introducing a new public sector duty to consider reducing socio-economic inequalities;
• Putting a new Equality Duty on public bodies
• Using public procurement to improve equality
• Banning age discrimination outside the workplace;
• Introducing gender pay reports
• Extending the scope to use positive action
• Strengthening the powers of employment tribunals
• Protecting carers from discrimination
• Offering new mothers stronger protection when breastfeeding
• Banning discrimination in private clubs; and
• Strengthening protection from discrimination for disabled people.

For more information on the Equality Act 2010, or any other employment matter, please contact Caroline Walker on cwalker@cavendishlaw.co.uk or telephone 0207 1479974.

Cavendish Law
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