The 2010 Equality Act: making the workplace fairer for all
 

In the UK a new Equality Act came into force in October 2010. Despite the fact that, in essence, it was created to consolidate the provisions of a number of previously unrelated laws and therefore was intended to simplify matters, widespread feedback suggests that many employers still feel unsure about the implications of the legislation and are concerned about what they ought to be doing.

The Government Equalities Office states that the aim of the Act is to:

"provide a new cross-cutting legislative framework to 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."

While these aims are welcome it provides employers with a challenge in that achieving them comes down to translating the requirements of the Act into completely fair and non-discriminatory policies and practices within their workplace.

In essence the main changes within the Act concern direct, indirect, associative and perceptive discrimination; harassment and victimization, positive action, extension of employment tribunal powers, equal pay direct discrimination, pay secrecy and pre-employment health checks.

Tribunal cases relating to discrimination under previous equality-related laws have revealed that even before the requirements of the new legislation this was a highly complex area. As a result prudent employers should seek legal advice when drawing up policies and contracts of employment in order to ensure peace of mind for the future.

 For further information please contact :

Jane Laidler, Joint Managing Partner

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