Equality Act 2010

1. Equality Act 2010 September 2010

2. The legal context • There is a strong legal framework underpinning equality activity • The law covers employment and in some cases provision of goods and services • It outlines clearly what is unlawful in terms of discrimination • Public authorities are also subject to a number of ‘positive duties’

3. Equality Act 2010 • Reforms and harmonises discrimination law (over 116 separate pieces of legislation) • Main provisions of the Act come into force in October 2010 • April 2011: Socio-economic duty, Equality Duty and protection from dual discrimination • 2012: Ban on age discrimination in provision of goods, facilities, services and functions

4. Nuts and Bolts…

5. Protected Characteristics • gender • pregnancy and maternity • race • marriage and civil partnership • disability • age • sexual orientation • religion or belief (or none) • gender re-assignment.

6. Public Sector Equality Duty • Eliminate discrimination, harassment and victimisation • Advance equality of opportunity between persons who share a protected characteristic and persons who do not share it • Foster good relations between persons who share a protected characteristic and persons who do not share it.

7. Equality Act 2010 Retains familiar concepts (with some revisions) • Direct Discrimination • When someone is treated less favourably than another on equality related grounds • Indirect Discrimination • When an action appears to affect everyone equally but in fact disadvantages one or more groups • Victimisation • being treated less favourably than others in the same circumstances because of making a complaint • Harassment • Unwanted conduct which has the effect of : violating the other person’s dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment

8. Equality Act 2010: Additional Concepts • Direct Discrimination definition extended • covers association and perception • Combined or Dual Discrimination • Protects people who experience discrimination because of a combination of protected characteristics • Detriment Arising from disability

9. Equality Act 2010:Additional Concepts Positive Action • scope extended to allow activity to overcome or minimise disadvantage • The act extends the law to include positive action in activities related to recruitment, promotion and students • ON A CASE-BY-CASE BASIS AND VOLUNTARY E.g. If there are two or more equal candidates for a job (or promoted post), the candidate from a “disadvantaged” group can be favoured if: • The appointed candidate is part of a group who share a protected characteristic • Is at a disadvantage or under-represented • As qualified as the other candidate(s)

10. Other Additions • Gender Reassignment: Requirement to be receiving medical treatment has been removed • Pre-employment health questionnaires banned except where reasonable adjustments need to be invited (after initial selection and offer has been made) • Definition of ‘belief’: • Genuinely held • Not an opinion or viewpoint • Weighty and substantial aspect of human life and behaviour • Worthy of respect in a democratic society • Compatible with human dignity and not conflict with the rights of others

11. Other Additions • Age discrimination ban extended (travel concessions retained) • Secrecy Clauses banned • Publish information on rates of pay to establish if there are any differences between males and females • Publish minority ethnic and disability employment rates • Strengthened procurement element....introduction of a new voluntary “kite-mark” much like the ‘Two Ticks’ symbol

12. What has changed? • No longer a legal requirement to publish equality schemes however requirement to develop and publish equality objectives • A shift toward evidence based objectives – reflective of local circumstances • National objectives to be developed • Requirement to assess and demonstrate equality impact on key policy and service delivery initiatives – process not prescribed

13. What has changed? • Removal of pre-employment questionnaires - unless job relevant • Strengthening exiting and establishing new concepts could make it easier for people to make claims • Employment tribunals will be able to make recommendations beyond individual cases • Next slide shows the coverage of the Act by Protected Characteristic