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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.


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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?


Is there any statutory guidance for employers on the Equality Act 2010?

The Equality and Human Rights Commission (EHRC) has published codes of practice to explain the new statutory provisions of the Equality Act 2010. The codes relate to employment, services, public functions and associations, and equal pay. Employers can view the codes of practice on the EHRC website. Employment tribunals must take the codes into account when deciding relevant cases.

There is also statutory guidance on the definition of disability. Guidance on matters to be taken into account in determining questions relating to the definition of disability (PDF format, 770K), which is in force from 1 May 2011, is available on the Office for Disability Issues website.

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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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