What is the main purpose of the Equality Act 2010?
Have all the provisions in the Equality Act 2010 been in force from October 2010?
No. While most of the provisions in the Equality Act 2010 came into force on 1 October 2010, others came into force in April 2011. The Government has decided not to implement some provisions at all.
The provisions that are in force from 1 October 2010 include:
- the definition of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation;
- the new definition of direct discrimination common to all protected characteristics;
- the new definition of harassment to include conduct related to a protected characteristic so that there is no need for the characteristic to be that of the complainant;
- the extension of employers' liability for third-party harassment (which was previously limited to sex-related and sexual harassment) to all protected characteristics, except marriage and civil partnership and pregnancy and maternity;
- the extension of indirect discrimination to disability and gender reassignment;
- the removal of the requirement to show a comparator when claiming victimisation;
- the new definition of gender reassignment;
- a restriction on enquiries about disability and health prior to making a job offer;
- the extension of employment tribunal powers;
- the unenforceability of pay secrecy clauses in contracts of employment; and
- the removal of the requirement to show an actual comparator when claiming direct sex discrimination in relation to contractual pay.
The general public sector equality duty came into force on 5 April 2011. The specific equality duties, which are intended to enable better performance of, and demonstrate compliance with, the general equality duty, came into force on 10 September 2011 for English public authorities, 6 April 2011 for Welsh public authorities and 27 May 2012 for Scottish public authorities.
Measures relating to positive action in recruitment and promotion came into force on 6 April 2011.
The Government has decided not to implement provisions relating to dual discrimination, the socio-economic duty on public authorities or the requirement for employers with at least 250 employees to publish information about the pay differentials between their male and female employees.
Is there any statutory guidance for employers on the Equality Act 2010?
What is the right to bring a claim for discrimination arising from disability under the Equality Act 2010?
Under the Equality Act 2010, can an employee bring a claim for harassment where the unwanted conduct is not directed at him or her?
If a third party harasses an employee, will his or her employer be liable for the third party's actions under the Equality Act 2010?
What changes should employers make to their practices and procedures in light of the Equality Act 2010?
Under the Equality Act 2010 can an employer still ask questions about a prospective employee's health?
Is it a breach of the law on disability discrimination to ask about health during recruitment?
How is the obligation to make reasonable adjustments in the recruitment process affected by the rules on health enquiries?
Can employers make conditional offers subject to health clearance and then withdraw an offer if the health requirement is not met?
What new powers does the Equality Act 2010 confer on employment tribunals?
Does the Equality Act 2010 outlaw pay secrecy clauses?
Does the Equality Act 2010 outlaw associative discrimination?
How do the positive action provisions in the Equality Act 2010 that relate to recruitment and promotion work?
Are employers obliged to take positive action towards under-represented groups under the Equality Act 2010?
In what circumstances do the positive action in recruitment and promotion provisions apply?
What is the main risk for an employer that applies the positive action in recruitment and promotion provisions?
What is the difference between positive action and positive discrimination?
Are employers able to use both the general and the recruitment and promotion positive action provisions?
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