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Equality Act 2010. The Equality Act came into force on 1 st October 2010. It applies to private clubs which have: 25 members or more Rules (not necessarily written or formal) regulating who can be a member and there is a genuine selection process for members.
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The Equality Act came into force on 1st October 2010. • It applies to private clubs which have: • 25 members or more • Rules (not necessarily written or formal) regulating who can be a member and there is a genuine selection process for members.
What does the Act require private clubs to do differently? • The Act makes it unlawful for clubs and other associations to discriminate: • Against members • Associates and Guests • Those seeking to become members or guests • Because of • Sex • Religion or belief • Gender Reassignment • Pregnancy or Maternity • The same way it was already unlawful for them to discriminate because of race, sexual orientation and disability.
This means that private clubs cannot restrict access to: • Membership • Activities • Benefits • Apply different conditions and fees for membership. • On the basis of any of these protected characteristics.
What does this mean for single – sex clubs? • The Act will not prevent single interest clubs, such as single-sex clubs, from continuing to operate.
So working men’s clubs are still allowed? • Yes. Most Working Men’s Clubs are open to both men and women, and the CIU already allows women full membership rights.
Can Private Clubs still offer different types of membership? • Yes, clubs can still offer different types of membership at: • Different prices • Different terms – such as peak and off peak playing membership of a golf club • Full and associate membership • Providing each type of membership is open to all regardless of these characteristics. • But Union Policy is that its member clubs should adopt full and equal membership rights for men and women.
Does this mean that guests will have the same rights as members? • No. Clubs will still be able to have different rules for guests from those they have for members. • What the Act requires: Same conditions for being a guest of a club are applied equally for example to both men and women.
Can Private Clubs still hold separate sporting competitions for men and women? • Yes the Act allows private clubs to treat men and women differently in any: • Sport • Game • Activity of a competitive nature • Where the physical strength, stamina or physique of the average woman puts her at a disadvantage compared to the average man or vice versa.
Will Clubs have to do away with their men-only bars? • In a mixed membership club everyone will have to be treated equally, including in relation to access of its facilities. • Clubs will be able to have a men-only bar if it is a men-only club.
Are age based discounts and concessions now banned? • The Act’s provisions: • Prohibiting age discrimination by private clubs against their: • Members, associates and guests and in their provision of services to the public were not implemented on 1 October. • The Government is currently considering further how these provisions could be implemented in the best way for business and others affected.
Club Employee’s Conduct • Club staff must not discriminate against members, associates or guests on grounds of sex or the other protected characteristics.
Complaints of Discrimination • If a club receives a complaint of discrimination it should try to resolve it by discussion and conciliation with the complainant. • If not satisfied the complainant may pursue the complaint through: • Equality Commission Conciliation Service and finally through the Crown Court • which if it upholds the complaint may award damages and costs against the club.