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The Equality Act comes into force on 1 October 2010 and harmonises and replaces previous legislation and ensures a fair working environment. The act extends the protection of certain characteristics and strengthens certain aspects of equality law. Therefore, it is advisable to review your company’s policies and practices.
The Equality Act is an extensive document containing over 300 pages so we have set out below the key changes which are likely to affect your business.
What are the “protected characteristics”?
The Act defines nine protected characteristics which are protected under the Act. The nine protected characteristics are; age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, gender and sexual orientation.
Protection from harassment
Employees can now complain of behaviour that they find offensive even if they are not the person being harassed and even if they are not protected under the protected characteristics. Therefore your business must have a clear policy that harassment will not be tolerated and it must be known to all employees that any form of harassment will lead to a disciplinary and more than likely to a summary dismissal because there is now the possibility of two claims being brought against the same act of harassment.
Protection from third party harassment
As an employer you are already liable for acts of harassment because of a protected characteristic by your employees but the act now makes you liable for acts of harassment by third parties (i.e. non-employees such as clients and customers). However, you are only liable when the harassment has occurred on at least two previous occasions, you have known about the harassment and you have done nothing to prevent it. Therefore if you become aware that a client is harassing a member of staff you must ensure that you prevent the harassment.
Associative discrimination
This is where a person is discriminated against because they associate with a person who possesses a protected characteristic.
Perceptive discrimination
This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic.
Pre-employment health questionnaires
The Act limits your ability to ask questions about an applicant’s health before offering them a job. This will discourage any pre-employment health questionnaires which are a part of you recruitment process. You may only ask applicants questions about health if:
- The information will be used to make adjustments for them to take part in the interview process or carry out their job.
- To determine whether the applicant could carry out essential elements of the job.
- To monitor diversity and take positive action.
Pay secrecy
It unlawful for you to prevent or restrict your employees from having a discussion to establish if differences in pay exist that are related to protected characteristics. It also makes terms of the contract of employment that require pay secrecy unenforceable because of these discussions. An employer can require their employees to keep pay rates confidential from some people outside the workplace.
It is likely that the Equality Act will have an effect on your business and as such, WBR are pleased to introduce a training course on the Equality Act and how it will affect your business. The training course can be held at your premises at a time and date convenient to you. The cost of the course is only £50.00 (plus VAT).
If you would like any further information on the Equality Act or any of our courses please contact us or call us on 0845 600 4996.
