Equality in the Workplace

18th Aug 2010

Equality in the workplace is a major issue for employers and many steps have been taken over recent decades to protect people who are vulnerable to discrimination.

The Equality Act 2010, most of which comes into force on October 1, is intended to restate the existing legislation and provide some additional protection, overall creating a more simple framework for employers.
 

It will not dramatically alter the existing law; employers can be reasonably confident that, provided they continue to treat everyone fairly, they are unlikely to fall foul of the new legislation.
 

However, there are a few points to be aware of and employers are advised to review their existing equality policies to ensure compliance with the new Act.
 

The Act aims to harmonise the protection given to people in various protected groups, listed under the protected characteristics of sex, age, race, religion and belief, disability, sexual orientation, marriage and civil partnership, pregnancy and maternity, and gender reassignment.
 

Not all of the provisions within the new Act apply to all the protected characteristics.
 

Protection against direct discrimination for a perceived characteristic is included. Anyone who suffers discrimination because they are perceived to fall within a protected group, even if they do not, will be entitled to make a claim for discrimination.
 

The new Act will also allow a tribunal to make a global finding that discrimination has occurred as a result of the combination of two characteristics.
 

Indirect discrimination occurs where a provision or practice is implemented which is discriminatory in relation to a protected characteristic. For example, if an employer were to only employ staff over six feet tall it could be indirectly discriminatory on grounds of sex as men are typically taller than women so more men would be eligible.
 

The new Act will protect against indirect discrimination on grounds of gender reassignment and disability.
 

Defences available to employers include: being able to show that the potentially discriminatory treatment was a proportionate means of achieving a legitimate aim; and on the grounds of occupational requirement in specific circumstances.
 

On the issue of equal pay, the new Act seeks to assist employees bringing equal pay claims by rendering as unenforceable clauses in employment contracts which prohibit employees from discussing their pay.
 

The new Act will also require further transparency in relation to pay from businesses with 250 or more employees.
 

The issues arising from the new Act are complex and employers in any doubt should seek advice from their solicitor.
 

Author: Helen Lisgo (info@bhplaw.co.uk)