Equality Act implementation details announced
Office has published details of the
employment provisions of the Equality Act 2010 that will come into force on 1
October 2010 and those which will not be implemented on that date as they are
still under consideration by ministers.
The provisions that
will come into force on 1 October include the core employment provisions
providing the basic framework of protection against direct and indirect
discrimination, harassment and victimisation including, the new concept of
‘discrimination arising from disability’, preventing employers asking job
applicants questions about health (including any disability) before making a
job offer, except in specified circumstances, allowing hypothetical comparators
for direct gender pay discrimination and making pay secrecy clauses
unenforceable.
The Government are
still considering the Act’s provisions relating to: (i) combined
discrimination: dual characteristics under S.14, i.e. a right to bring
discrimination claims combining two protected characteristics, e.g. race and
gender; (ii) the requirement under S.78 for private sector employers with 250
or more employees to publish gender pay gap information; and (iii) positive
action in recruitment and promotion under S.159 which permit an employer to
take a protected characteristic into consideration when deciding whom to
recruit or promote, where people having the protected characteristic are at a
disadvantage or are under-represented, but only where the candidates are as
qualified as each other.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.