subject: THE EQUALITY BILL WAS PASSED 8TH APRIL 2010 [print this page] THE EQUALITY BILL WAS PASSED 8TH APRIL 2010
The Equality Bill will come into force in October 2010 and will extend the rights and protection of persons vulnerable to discrimination.
How will this affect you?
The Equality Bill, was approved by the House of Commons and received Royal Assent on 8th April 2010. As such The Equality Act 2010 is due to come into force from October 2010. The purpose of the Act is to unify the present law on discrimination and to extend its protection outside of the workplace.
Background
Its ethos being that everyone has the right to be treated fairly and be protected from discrimination and harassment. Over the past 40 years successive Governments have introduced laws to promote civil rights and equality. Starting with the Race Relations Acts in the 1960s to the Equal Pay and Sex Discrimination Acts in the 1970s. From protecting the rights for disabled people in the 1990s to the introduction of civil partnerships in 2004. The Equality Act is an important step beyond this extending and consolidating these rights and influencing the way in which services can be provided.
Discrimination beyond the work place
The scope of protection from discrimination is to be extended beyond the workplace and offer you causes of action in the civil courts.
If, as a consumer, you are refused a service, treated less favourably, subject to harassment because of your gender, sexual orientation, age, race, belief or because you are disabled you may have a claim for compensation or a right to force the provider to action what is required or rectify the issues that have been created as a result.
For example, it will now be unlawful to refuse the provision of any services to a person, because of their sexual orientation, such as the recent press release where a couple were denied accommodation at a bed and breakfast facility because they were gay.
For more guidance please review our articles or contact our client management team.
Discrimination by Association and Perception
Discrimination by association and perception will be extended to include the grounds of disability, sex, gender reassignment and age both in and outside of the employment arena. Effectively, this will codify and extend the decision given in the case ofColeman v Attridge Lawwhere the European Court of Justice ruled that it was unlawful to subject an employee to harassment and discrimination after asking for time off to take care for her disabled son.
Disability discrimination
The new Act also sees the introduction of different grounds for claiming disability discrimination such as limiting an employer's enquiries of a prospective employee's health and disability, prior to an offer or employment.
Reasonable adjustments will now be made a requirement of service providers to ensure fair and equal availability and access.
The Equality Act will also introduce new transparency rules regarding the level of disabled employees employed. This will also apply to public authorities.
Protected Belief
Vegans, Scientologists and atheists could be given the same level of protection against discrimination as religious groups according a draft code of practice that accompanies the Act.
Sex Discrimination/Equal Pay
Measures will be implemented to address the current imbalance in gender pay. From 2013 employers with more than 250 employees may be required to report to the Government the gap between male and female salaries if they have not already voluntarily done so before hand. Private sector reports will be monitored annually with a view to reducing gap in gender pay.
By April 2011, public bodies with more than 150 employees will be required to produce similar reports in addition to equality data illustrating proportions of ethnic minority employees.
Why A City Law Firm is the right firm for you
A City Law Firm has a wealth of experience dealing with discrimination issues, whether they are in the workplace, or in your personal or business capacity. From LGBT issues to disability and age discrimination, we are able to assist you by providing clear, up to date and pragmatic advice, as well as advising you on the commerciality of pursuing such an action.
