Equality Act
EQUALITY ACT – SOLICITORS NORTH LONDON
Equality Act
All businesses and organisations that deal with the public need to be aware of recent significant changes that have been made to the Equality Act 2010 legislation. The new rules are far-reaching and apply to any organisation providing goods and services to the public or that which hires employees. This means the Act will apply to practically every business, charitable or social organisation.
The reasons for these changes are to bring together all previous legislation so that businesses can more easily comply with the Equality Act.
The aims of the Act are to protect those who are discriminated against and minority groups. The rules are aimed to help society but undoubtedly complying with yet more “red tape” can sometimes put a strain on small businesses.
The changes
Individuals with certain types of characteristics will be considered ‘protected’ under the Act. The different headings are:
age; disability; race; religion/belief; sex sexual orientation; gender reassignment; marriage/civil partnership; pregnancy/maternity.
There are a number of different types of discrimination:
• Direct discrimination which is discrimination against one of the 7 characteristics outlined above.
• Associative discrimination which is discrimination against someone associated with a person within the 7 characteristics.
• Indirect discrimination which is where a rule or policy exists that applies to everyone but puts a person with a protected characteristic at a disadvantage.
• Discrimination by perception which protects those believed to have a protected characteristic but in fact do not.
• Harassment which is defined as behaviour deemed offensive by the victim. Offensive behaviour does not need to be directed directly at them to be considered offensive.
• Harassment can vicariously take place through a 3rd party associated with the employer such as a contractor.
• Victimisation involves discriminating someone because they made a complaint against the Equality Act.
• During the recruitment process you cannot ask an employee about their health, even if it relates to monitoring diversity, unless it is to check whether the prospective employee can carry out an essential task.
• You cant discriminate in the recruitment process because of something relating to a disability. For example if someone is liable to making spelling mistakes because of dyslexia you cannot decide not to hire them on this basis.
• If a person is or will undergo gender reassignment they cannot be discriminated against.
• Mothers are permitted to breastfeed in public within the business organisation and cannot be asked to relocate to a more private area.
• Age is a protected characteristic which also allows direct discrimination to be made against the person as long as a legitimate aim can be shown because as a result.
• Dual discrimination has now been introduced meaning that if more than one of the protected characteristics have been used to discriminate someone, they will be considered together in order for the tribunal to get a fuller picture of the discrimination. No more than two of the protected characteristics can be assessed however.
There are many additional issues employers need to be aware of as a result of the new legislation. Employers cannot ask directly about potential employees’ health matters and if they screen them after employment and dismiss them because of the results the employee may have a legitimate claim under the Act. Something that is particularly frustrating for small businesses is that if someone takes too much sick leave and you dismiss them for this reason they may have a legitimate claim against you. There is also the liability of business owners for offence caused by contractors which widens the scope for claims. The definition of harassment has also been widened to include overhearing an offensive comment.
Our solicitors can provide your business or organisation with training and ongoing advice so you do not fall victim to the many rules of the Equality Act. Please contact us now to if you require further advice.