The Equality Bill 2010

1. The Equality Bill 2010 Glossary Of Terms

2. Protected Characteristics • Previously known as the strands or groups of equality. • Gender, Gender Reassignment, Race, Disability, Sexual Orientation, Religion or Belief and Age • All previously protected by a series of laws which came into effect in 1975 onwards. • This new term recognises that a person could have a combination of Protected Characteristics and therefore lead to combined discrimination.

3. A Age Discrimination • Will not cover those under 18 • Not considered discrimination when: • Can be justified b) To achieve a legitimate aim.

4. A Associations • Provide services or benefits to their members. • Includes private clubs where they have membership criteria and political parties. • Association with 25 + members are covered by the provisions of the act.

5. B “Because of” • Same meaning as “grounds of” • Covers discrimination by association

6. C Combined Discrimination, or dual Characteristics • Similar to Direct Discrimination • Recognises discrimination may occur due to two or more of the protected characteristics.

7. C Comparator • Used when less favourable treatment is claimed. • Must show a comparison with someone who does not have the same characteristics. • Victimisation will not require a comparator.

8. D Default Retirement Age • At age 65 employers are permitted to force an employee to retire at or above that age except where the contractual retirement age is specified differently. • Employers may choose to retain employees over the age of 65, and many do.

9. D Detriment - may occur to a disabled person who is not provided with appropriate or adequate reasonable adjustments. Disability – Physical or mental impairment lasting 12 months or more. Discrimination - Less favourable or unfavourable treatment because a person has one or more protected characteristics and this treatment occurs in the employment and training field, and/or when good services, facilities or premises are provided to them.

10. D Discrimination – • By perception - because another person perceives them to have a protected characteristic. • By Association - may occur to a person because of their association with a person with a protected characteristic.

11. E • Employers • Defence - An employer may not be considered liable for the unlawful acts of their employees where they can show that they have taken all reasonable steps to prevent such acts • Provisions - Codes of Practice on employment covers not only employees but those with other contracts to provide their services, such a contract workers, barristers, office holders, those within a partnership, etc.

12. E Equal Pay • An employer may not pay someone less than another employee because of a protected characteristic. Except in the area of age, where it may be justified to pay a person with more experience more than someone who may be younger and less experienced. • Under the new provisions of the Equality Act it is no longer allowed for an employer to insist upon a secrecy clause to stop employees discussing their pay with current or former employees, or someone else from an associated company linked to the employer.

13. G Gender Reassignment • A protected characteristic. • Covers those who have or are undergoing the process of reassigning their gender. • Protects those who propose to transition. • Protection applies from the point at which a decision to transition is taken.

14. H Harassment • The new Act now recognises three forms of harassment: • Harassment related to Protected Characteristic. • Sexual harassment. • Less favourable treatment because of submission to or rejection of sexual harassment and harassment related to sex or gender reassignment.

15. I Instruction to discriminate • It is unlawful to ask, instruct or induce an employee or someone delivering services on their behalf to discriminate, harass or victimise someone else because of a protected characteristic.

16. J Job Evaluation • A systematic way of assessing the relative value of different jobs. Such evaluations must be non-discriminatory and not influenced by gender stereotyping of different jobs or types of work.

17. L Legitimate Aim • A new concept which applies with the employment field it allows that some measures may reasonable be taken to achieve effective outcomes • Providing vocational training or apprenticeships to young people but not older people, or having an upper age limit for types of physical work where health and safety might otherwise be compromised if there were no upper age limit.

18. M Marital Status and Civil Partnerships • The law recognise marriage and civil partnerships as a protected characteristic, and only recognise this characteristic in relation to direct discrimination and less favourable treatment. Material Factor Defence • This terms applies to claims for equal pay where an employer can demonstrate that there is real factor or set of factors which are nothing to do with sex. These may include paying London Weighting, levels of responsibility, skills qualifications and experiences, length of service.

19. M Maternity Leave • A contract of employment will be deemed to contain a maternity equality clause whilst a woman is on maternity leave. The clause is effective in relation to pay in: • The calculation of maternity-related pay • Bonus payments; and • Pay increases following maternity leave

20. O Occupational Requirement • This term was previously known as a genuine occupational requirement (GOR)

21. P Past Characteristics • Discrimination may occurbecause a person may have for example been Jewish or Christian and is not any longer, such discrimination is unlawful. • Pool -this refers to a group of people used in a comparative exercise. A comparison must be made between the impact of a practice on people without the relevant protected characteristic and those with it. • Both groups however must be similar enough to allow a comparison.

22. P Positive Action • Is not positive discrimination. The provisions of this concept recognise past or current disadvantage or discrimination and allows organisation in the public and private sectors to take actions which improve their services to particular groups within communities.

23. P Pregnancy and Maternity • It is unlawful to treat a woman unfavourably because of pregnancy or a related illness, or because she intends to take maternity leave. No comparator is necessary. An employer may not demote, dismiss or deny training or promotion opportunities because a women in pregnant or on maternity leave.

24. P Proportionality • Used in conjunction with the term a ‘legitimate aim’ to reflect that it may be justified to provide services and benefits to those who need them most, or restrict employment to people of a certain age. However the employer or service provider will need to produce evidence to support their claim that their actions are a proportionate means of achieving a legitimate aim.

25. P Prohibited Conduct • A new term which applies to direct and indirect discrimination against those with protected characteristics Protected Act, • The bringing of proceeding under the Act, or giving evidence in connection with proceeding under the Act, or other related actions which seek to make use of the Equality Act

26. R “Race” • “Race” is defined as covering colour, ethnic or national origin, the 1976 Act included the word ‘race’ but never defined what a race was or how it was different to colour or ethnic or national origin. Relationships which have ended • It is unlawful to victimise a former employee after they have ceased employment for example by given them negative reference because they have made a complaint of discrimination.

27. R Religion and Beliefs • This includes any religion and any religious or philosophical beliefs, it also includes a lack of such religion of belief. If a person is discriminated against because of their belief or lack of beliefs where this cannot be justified, they are protected and this may constitute less favourable treatment. This provision recognises that articles of faith may vary from person to person within the same religion or belief systems.

28. R Remedy • A person who is instructed to discriminate and or the person who is subjected to the instruction to discriminate is entitled to seek a legal remedy if they can provide that they suffered a detriment as result of the instruction. The Equality and Human Rights Commission has the power to bring proceeding S Segregation • By managers of people because of their “race”, that is their colour national or ethnic or national origin, is unlawful direct discrimination. It is not unlawful if individuals choose to work together. The concept of segregation only applies to the protected characteristic of “race”.

29. S Sex Equality Clause • A contract of employment will be deemed to contain a clause relating to equal pay and pension rights for men and women, doing work of equal worth. Sexualharassment, • Occurs if a person engages with any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature or a person is treated less favourable as a result of submitting or rejects such sexual advances. Sexual orientation, • This covers those who are attracted to the opposite sex- that is heterosexual, a person who is attracted to the same sex- that is a lesbian, or gay man or bisexual- that is a person who is sexually attracted to both men and women. Sexual orientation recognised how a person feels as well as their actions.

30. S Socio-Economic inequalities • This refers to the duty of specified public authorities who when making strategic decisions consider ways that they might reduce the inequalities associated with economic disadvantage. T Training, • The employer must ensure that those working on their behalf understand the employer’s equality policy, and how it affects them. Training is recommended as a means of ensuring that the employer is able to demonstrate that it they are acting reasonably. In house trainers will need to be trained prior to running a course on the application of the employer’s equality policy.

31. U Unfavourable treatment • This is a new concept and does not require a comparator to make the case. If a person is treated badly because of they are pregnant, or are disabled they need not find someone else with whom to compare the way they were treated.

32. V Victimisation • A form of discrimination and is therefore a prohibited act. Individuals claiming victimisation need not themselves have a protected characteristic but anyone who is treated unfavourably because they have made an allegation, or supported another person who has made an allegation of discrimination under the Act, may claim victimisation.

33. W Work related as equivalent • Work is rated as equivalent if job evaluation study gives equal value to the work that is undertaken in terms of demands on their job Work of Equal Value, • Means that the jobs done by a woman and her male colleague are different but can be regarded as being of equal value or worth, having regard to the nature of the work performed, the training or skills necessary to do the job, the conditions of work and/or the decision-making that is part of the role.