The Equality Act 2010 – what every employer needs to know

April 14, 2011 - PRLog -- Phillip says,

“The Equality Act continues to cover groups with ‘protected characteristics’, this includes: age, disability, gender reassignment, race, religion or belief, marriage and civil partnership, pregnancy and maternity, sex and sexual orientation.“

Because the Equality Act has replaced existing legislation, some of the rights and responsibilities haven’t changed, for example those rights surrounding direct discrimination, but other areas have been changed, or extended, or introduced for the first time.

Phillip explains,

“Employers could very easily leave themselves open to prosecution, simply by not being aware of the changes, updates and additions, or even by not acting to prevent a behaviour.

“Discrimination, in its various forms, has received significant changes and additions under the new law. For example, a publican might not offer a bar job to someone who is over eighteen because they look too young. That employer could now be found guilty of perceptive age discrimination.

“Harassment has been significantly extended by the new law. For example, employees are now protected from harassment from third parties not employed by the employer, such as customers and members of the public. This means that employers could potentially be held liable for the harassment of their staff by their customers. Even if an employee is not a direct target of the unwanted behaviour, they could still bring a harassment claim against the employer for behaviour they are exposed to and find offensive.”

The key areas of the law that have changed, or extended are:
•   Harassment – this now applies to all of the protected characteristics except pregnancy and maternity, and marriage and civil partnerships.
•   Victimisation – this now applies to all of the protected characteristics.

The key areas of the law that are now covered by the new legislation are:
•   Associative discrimination – this now applies to age, disability, gender reassignment and sex, but not pregnancy and maternity, and marriage and civil partnerships.
•   Discrimination by perception – this now applies to disability, gender reassignment and sex, but not pregnancy and maternity, and marriage and civil partnerships.
•   Indirect discrimination – this now applies to disability and gender reassignment but not pregnancy and maternity.
•   Harassment by a third party – this now applies to all of the protected characteristics, except pregnancy and maternity, and marriage and civil partnerships.

Phillip concludes,

“The changes in the Equality Act affect every employer. As a result of these changes in legislation, it’s sensible for employers to carefully review their current policies and practices. An experienced employment lawyer will help you decide which policies and practices need updating or changing and time spent now could protect you from an expensive lawsuit being brought against you.”

/ENDS



For more information, contact Tallents on 01636 671881


Tallents Solicitors, 3 Middlegate, Newark
http://www.tallents.co.uk



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Established in 1774 and with offices in Newark, Mansfield and Southwell, Tallents Solicitors services the legal needs of private individuals, company and commercial clients and farmers in North Nottinghamshire and Lincolnshire.

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