The provisions of the Equality Act 2010 [EA] will come into force at different times, e.g. in October 2010; April 2011; 2012; and 2013.
The provisions of the EA 2010 that are expected to come into force in October 2010 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 2010].
Disability Discrimination
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 2010].
Further information about such questions is available at: Trotman's Employment Law Alerts
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 2010].
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 2010].
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 2010].
Further Information
Further information about the EA 2010 and its Codes of Practice are expected to be available on the Government Equalities Office (GEO) website and the Equality and Human Rights Commission website.
The revised edition [August 2010] of the Explanatory Notes for the Equality Act 2010 can be viewed on the OPSI website.
Update [2 August 2010]
The Equality and Human Rights Commission (EHRC) has published seven guides on the Equality Act 2010 for employers. The guides will come into force on 1 October 2010.
The guides are available at the EHRC website.
Update [20 August 2010]
On 19 August 2010, the GEO published a consultation paper about the public sector equality duty. The consultation period will end on 10 November 2010. The general and specific equality duties are expected to come into force in April 2011.
The consultation paper is available at the GEO website.
4 comments:
I think that some employees will continue to see their pay as a private matter. For example, some employees ask for their payslips to be sent to their work address because they do not want their partners to discover their pay. It seems unlikely that they would disclose their pay to another work colleague.
I’m aware that positive action does not mean positive discrimination or affirmative action but I’m uncomfortable with it. It’s easier to pick the best person for the job after a fair and objective interview and/or selection test rather than trying to understand what is meant by two job applicants being ‘equally qualified’.
Pay Discussions: the culture of the organisation may also dictate that the employees do not disclose their pay to each other.
Positive Action (PA): a job applicant may bring a discrimination claim against their employer if they were not promoted due to PA. The PA defence may be successfully used against such a claim. However, the PA defence will be novelty for employers and they may avoid taking PA because they are unsure about the PA defence.
Hi Tony
Do you know when gender pay gap reports for the private sector will come into force?
According to the Equality Bill Factsheet published by Government Equalities Office – it will be in or after 2013.
The Factsheet is available at: http://www.equalities.gov.uk/staimm6geo/docs/The%20Equality%20Bill.doc
The Government expects private-sector employers to regularly publish gender pay gap reports (GPGR) on a voluntary basis. However, such employers may be legally obliged to publish GPGR on or after April 2013 if the Government believes that the voluntary approach is not working [s. 78 of the EA 2010].
If the Conservatives win the 2010 General Election – I would not expect GPGR for the private sector to become law. Hopefully, someone will ask Mr Cameron about GPGR on tonight’s TV debate between the party leaders.
Post a Comment