The Equality Act 2010 is due to be brought into force in stages, with the main provisions being implemented in October this year.
However by the time October arrives the Act could have changed as much depends on the result of the General Election, with the Conservatives stating an intention to drop some aspects of the Act.
The Act will harmonise and extend discrimination law to cover existing forms of discrimination - age, disability, sex, gender reassignment, sexual orientation, race, religion or belief and, in many but not all instances, marriage and civil partnerships. (known as protected characteristics) 'Disability related' discrimination will be replaced with a prohibition on discriminating against a disabled person by treating them unfavourably where that treatment is not a proportionate means of achieving a legitimate aim.
Some of the key employment-related measures in the Act include:
• Banning secrecy clauses on pay in employment contracts preventing people discussing their own pay.
• Employers of over 250 people will have to report on their gender pay gaps from 2013 if not enough progress has been made voluntarily
• Allowing tribunals to make wider recommendations in discrimination cases, not only benefiting the individual, but also the wider workforce where the discrimination has taken place.
• Making tribunal judgments available and searchable online so that recommendations will be made public.
• Introducing a new definition of direct discrimination across all the protected characteristics to cover both 'associative' and 'perceived' discrimination and replaces the phrase 'on the grounds of' with the word 'because'.
• Extending indirect discrimination across all the protected characteristics, except pregnancy and maternity.
• Pregnancy or maternity-related treatment would only be discriminatory if the treatment of the employee is ‘unfavourable’.
• Banning pre-employment questionnaires
• Ensuring that age discrimination covers organisations providing goods, facilities and services and carrying out public services as well as in the employment sector.
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