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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.
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? 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?
Section 77 of the Equality Act 2010 renders pay secrecy clauses contained in contracts of employment unenforceable in certain circumstances. While it is not unlawful to include such clauses in contracts, employers need to be aware that they cannot enforce such a clause if the employee in question is involved in a "relevant pay discussion". A relevant pay discussion means a discussion to establish if differences in pay exist that are related to a protected characteristic such as sex.
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