2.5

 

The Equality Act 2010

Why was a new law needed?

Over the years, many separate laws have been developed to protect people from different equality groups.  And although there is a well developed legal framework, many people feel that progress on equality has been very slow.  The new Act aims to bring together and simplify the existing discrimination laws in the UK and strengthen the law to support progress on equality.

Who does the law protect?

The Act sets out key “protected characteristics”.  People are protected if they are discriminated against because of any of these characteristics.  They are:

  • age;
  • disability;
  • gender reassignment;
  • marriage and civil partnership;
  • pregnancy and maternity;
  • race;
  • religion or belief;
  • sex; and
  • sexual orientation.

What does the law say about discrimination?

The Equality Act brings together a number of existing pieces of legislation.  These existing laws will be repealed, as parts of the new Act come into force.  The Act makes it unlawful:

  • To discriminate against, harass or victimise a person when providing a service or when exercising a public function.
  • To discriminate against, harass or victimise a person at work or in employment services. 
  • For education bodies to discriminate against, harass or victimise a school pupil or student or applicant for a place.
  • For associations (such as, private clubs and political organisations) to discriminate against, harass or victimise members, associates or guests.

How has the law been strengthened?

The Act strengthens the law in a number of areas:

  • It extends the circumstances in which a person is protected against discrimination, harassment or victimsation.
  • It establishes a general duty on public authorities to take account of:
  1. the need to eliminate unlawful discrimination, harassment or victimisation;
  2. to advance equality of opportunity; and
  3. to foster good relations.

This means that listed public bodies will have to consider how their policies, programmes and service delivery will affect people from equality groups.

  • It allows an employer or service provider to take positive action to help employees or customers to overcome or minimise a disadvantage associated with a protected characteristic.

The Act also places a new duty on certain public bodies to consider socio-economic disadvantage when making strategic decisions.  This is the first time that socio-economic factors have been recognised in equality legislation.   It is not clear yet when this part of the new legislation will come into effect.

When will the new law come into effect?

Different parts of the Equality Act will come into force at different times to allow for organisations to prepare. The UK Government is currently considering how the different provisions will be commenced.  In the meantime, the Government Equalities Office is working to the timetable announced by the previous administration.

According to that timetable many of the key provisions will come into force in October 2010.  The Integrated Equality Duty for public bodies should come into force in April 2011.  It is not clear at the moment when the duty relating to socio-economic disadvantage will come into effect in Scotland and the rest of the UK.