Equality Act 2010: resources on XpertHR

We provide a round-up of the new and updated resources from XpertHR on the Equality Act 2010, the main provisions of which come into force on 1 October 2010. This includes major changes to the equal opportunities sections of our employment law manual and model policies and documents. 

Podcast

• Podcast: The Equality Act 2010 We focus exclusively on the Equality Act 2010. Hear XpertHR's employment law editors discuss changes to policies, the new concepts of associative discrimination and discrimination by perception, indirect disability discrimination, discrimination arising from disability, and the prohibition on asking candidates questions about health prior to offering them a job. 

Employment law manual

• The equal opportunities section of the employment law manual has been updated and restructured to reflect the nine protected characteristics under the Equality Act 2010, which include:
  • sex;
  • disability;
  • race;
  • religion or belief;
  • sexual orientation;
  • age discrimination;
  • pregnancy and maternity;
  • gender reassignment; and
  • marriage and civil partnership. 

Policies and documents

• Weekly dilemma: Equality Act 2010 This dilemma concerns the key elements of the Equality Act 2010 that an employer should take account of when updating its policies and procedures. 
• Our general equal opportunities and dignity at work policies have been reviewed and updated to reflect the coming into force of the main provisions of the Equality Act 2010. We provide:
  • an equal opportunities policy;
  • a dignity at work policy; and
  • a combined equal opportunities and dignity at work policy. 
• Other supporting equal opportunities policies have been affected. These are our:
  • diversity policy and procedure;
  • gender reassignment policy;
  • equal opportunities policy relating to disability;
  • equal pay policy;
  • policy on dealing with harassment complaints;
  • policy on investigating claims of bullying and harassment;
  • policy on religious observance during working hours;
  • HIV and AIDS policy; and
  • assistance dogs policy. 
• There are two new entries on the new equal opportunities questionnaires, which are:
  • a questionnaire for obtaining information on prohibited conduct under the Equality Act 2010; and
  • a questionnaire for obtaining information on equal pay under the Equality Act 2010.  

  FAQs

  • We provide answers to frequently asked questions on the Equality Act 2010:
    • What is the main purpose of the Equality Act 2010?
    • Are all the provisions in the Equality Act 2010 in force from October 2010?
    • Is there any statutory guidance for employers on the Equality Act 2010?
    • What is the new 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?
    • What new powers does the Equality Act 2010 confer on employment tribunals?
    • Does the Equality Act 2010 change the statutory discrimination questionnaires?
    • Does the Equality Act 2010 outlaw pay secrecy clauses?
    • Does the Equality Act 2010 outlaw associative discrimination?

  Line manager briefings

  • These line manager briefings have been updated to comply with the Equality Act 2010 on:
    • disability discrimination;
    • age discrimination;
    • long-term sickness absence;
    • interviewing; and
    • bullying and harassment. 

  Good practice guide

  • Good practice: disability This good practice guide, which discusses the key actions and considerations for establishing disability-confident workplaces, has been updated to comply with the disability provisions in the Equality Act 2010. 

  Quick reference

  • The quick reference items that have been updated because of the Equality Act 2010 include:
    • codes of practice and guidance relating to discrimination law; and
    • discrimination forms for obtaining information and responding to questions - time limits for serving and responding. 

  Guidance on specific areas

  Disability

  • Disability discrimination under the Equality Act 2010 Changes to the disability discrimination regime include a new form of disability discrimination - discrimination "arising from" disability - and the addition of a provision making it unlawful to "ask about the health" of a job applicant before offering work to, or shortlisting, the applicant. 
  • Outlook video: Equality Act - disability Changes to the disability discrimination regime include a new form of disability discrimination - discrimination "arising from" disability - and the addition of a provision making it unlawful to "ask about the health" of a job applicant before offering work to, or shortlisting, the applicant. 

  Questions about health during recruitment

  • Outlook video: Equality Act 2010 - health questions during recruitment New rules prohibit employers asking questions about the health of job applicants before making job offers, except in specified circumstances. 
  • Steeles (Law) LLP provide a series of articles on the law relating to questions about health during recruitment, including:
    • an overview of questions about health during recruitment;
    • questions about health during recruitment: case study;
    • questions about health during recruitment: checklist; and
    • questions about health during recruitment: frequently asked questions. 

  Harassment

  • Clyde & Co LLP provide a series of articles on the impact of the Equality Act 2010 on the law relating to harassment:
    • an overview of harassment and the Equality Act 2010;
    • case study 1 on harassment and the Equality Act 2010;
    • case study 2 on harassment and the Equality Act 2010; and
    • a checklist on harassment and the Equality Act 2010. 

  From the blogs

  • On XpertHR's new Tribunal Watch blog, we look at some of the new and amended definitions in discrimination law that employment tribunals will have to grapple with from 1 October 2010:
    • protected characteristics;
    • direct discrimination;
    • indirect discrimination;
    • harassment;
    • victimisation;
    • perceptive discrimination;
    • associative discrimination;
    • third-party harassment;
    • discrimination arising from a disability; and
    • recommendations. 
  • Equality Act 2010: how to update your equal opportunities policy Employers should be in the midst of updating their equal opportunities to comply with the Equality Act 2010, the main provisions of which come into force on 1 October 2010. Follow our six steps to make this task easier. 
  • Equal pay reporting and the Equality Act 2010 On the eve of the implementation of the Equality Act tomorrow, I am still coming across the odd article that implies that private sector employers will have to start reporting publicly on the gender pay gaps at their organisation from 1 October 2010, or will probably have to do start doing so pretty soon. This isn't the case. 
  • Equality Act 2010 and the definition of disability: consultation highlights removal of list of capacities The Government's consultation on draft guidance on the definition of disability highlights that under the Equality Act 2010 an individual will not have to demonstrate that, where an impairment adversely affects his or her ability to carry out a normal day-to-day activity, that activity involves one of a specified list of capacities, such as mobility, speech, or the ability to understand. 
  • Disability discrimination: pyromaniacs, kleptomaniacs, voyeurs and flashers excluded from Equality Act 2010 As with the Disability Discrimination Act 1995, some mental health conditions such as a tendency to set fires, steal, or physically or sexually abuse other persons, or a compulsion toward exhibitionism or voyeurism are deemed not to be disabilities under the Equality Act 2010. 
  • Dual discrimination claims under Equality Act 2010 may be dominated by race cases A sample of 50 multi-jurisdictional employment tribunal claims for discrimination gathered by XpertHR suggests that dual discrimination claims under the Equality Act 2010 may be dominated by race discrimination claims. 

  Personnel Today quiz

  • How much do you know about the Equality Act? According to the Personnel Today poll, many HR professionals feel unprepared for the changes. Take our quiz to see how much you know about the Equality Act 2010.