The sections of the Equality Act 2010 [EA] will come into force at different times, e.g. on 1 October 2010; April 2011; 2012; and 2013.
A full list of the sections of the EA that came into force on 1 October 2010 is available on the Government Equalities Office website.
The sections include:
Pay Discussions
A term of employment that prevents an employee from disclosing their pay to a work colleague or a former work colleague will be unenforceable [s. 77 of the EA].
Questions about Disability
It will be unlawful for employers to ask questions about a job applicant’s health before making a job offer, except in certain circumstances [s.60 of the EA].
Further information about such questions is available at: Trotman's Employment Law Alerts
Sex Discrimination
Section 71 of the EA will permit a claimant can compare themselves with a hypothetical comparator for the purpose of a direct sex discrimination pay (DSDP) claim. For example, if an employer tells a female employee "I would pay you more if you were a man" – the employee cannot make an equal pay claim if there is no real male comparator - but she will be able to make a DSDP claim by comparing herself to hypothetical male comparator.
Harassment
There is a statutory definition of third-party harassment on the grounds of sex. The definition will be extended to third-party harassment on the grounds of race, disability, sexual orientation, religion/belief and age [s.40 of the EA].
Further information about such harassment can be found on page 32 of EHRC’s guide entitled “What equality law means for you as an employer: managing workers”.
Associative/Perceptive Discrimination
The defintion of direct discrimination will cover a person (e.g. a carer) who is discriminated against - because of their association with another person (e.g. a child) who has a protected characteristic (e.g. a disability) [s. 13 of the EA].
The definition will also apply to discrimination that is based on an employer's perception of an employee’s protected characteristic (e.g. their sexual orientation) regardless of whether the perception is right or wrong.
Gender Reassignment
A person who proposes to undergo; is undergoing; or has undergone the gender reassignment process will no longer have to be under medical supervision in order to be protected by gender reassignment discrimination laws [s. 7 of the EA].
Employment Tribunals
Employment Tribunals can make recommendations in discrimination cases for any other person and not only in relation to the claimant [s. 124(3) of the EA].
Discrimination Questionnaires
A new discrimination questionnaire and equal pay questionnaire came into force on 1 October 2010: Equality Act 2010 (Obtaining Information) Order 2010 [SI 2010/2194].
Guidance about the questionnaires is available at the GEO website.
Explanatory Notes
The revised edition [August 2010] of the Explanatory Notes for the EA can be viewed on the OPSI website.
EHRC guides
The Equality and Human Rights Commission (EHRC) guides on the EA are available at the EHRC website. The guides came into force on 1 October 2010.
GEO guides
The Government Equalities Office (GEO) guides on the EA are available at the GEO website.
ACAS guide
The ACAS guide entitled "The Equality Act - What's new for employers?" is available at the ACAS website.
FAQs about the Equality Act
Frequently asked questions about the EA are available at the GEO website.
Public Sector Equality Duty
The public sector equality duty (PSED) will come into force on 6 April 2011. Guides about the PSED can be found on the EHRC website.