News: The Equality Act 2010
- Date: 01/10/2010
- Author/Solicitor: Nick Arron
Today, 1st October 2010, we will start to see the effect of The Equality Act 2010. The Act will change all previous legislation on discrimination and affects those involved in the licensed trade. The legislation applies to places of work, to employees, and to customers. The aim of the Act is to prevent discrimination under the following grounds:
• Disability
• Gender
• Pregnancy & maternity
• Race including ethnic or national origins, colour, nationality
• Religion or belief
• Sex
• Sexual orientation
• Age
The Government intends to simplify the law, remove inconsistencies and make it easier for people to understand and comply with it. As you can imagine, the changes are wide ranging. Some of the definitions of discrimination will be changed and harmonised to achieve, where possible, a more common approach to discrimination under the different grounds.
The Government have produced Guidance: What do I need to know? Which is a summary guide for businesses who sell goods and services, and is relevant to licensed premises. More details can be found at: http://www.equalities.gov.uk/pdf/GEO_EqualityLaw_Business_acc2.pdf .
The Guidance gives examples of circumstances in licensed premises which could lead to claims under the new Act, for instance, where a bar organises a singles night and the ticket seller wrongly assumes a potential customer is gay and tells them that he or she cannot attend.
The Guidance is useful and in preparation for the changes, I would recommend that you read it - it's only eight pages long. For those who want more information the website www.equalities.gov.uk of the Government Equalities Office has a great deal of information.
We would recommend further preparation to include reviewing your equal opportunities policy and providing training for your staff. Do remember that compensation for discrimination claims has no limit and can be expensive. You are liable for the acts of your employees and you may also be liable, if you do not protect your staff from harassment by customers. It's also worth remembering that any training carried out can form part of a defence.
The changes are extensive and those which come into force today are:-
• 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.
• Leveling 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 judgment.
• Applying the detriment model to victimisation protection (aligning with the approach in employment law).
• Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.
• Extending protection from 3rd 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.
• Allowing claims for direct gender pay discrimination where there is no actual comparator.
• Making pay secrecy clauses unenforceable.
• Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
• Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.
• Harmonising provisions allowing voluntary positive action.
