The Equality Act 2010: What it Can Do for You

Most of the provisions of the new Equality Act 2010 came into force in October 2010, although some parts of the legislation are currently being phased in. It was designed to bring in a new framework to protect rights of individuals, as well as equality of opportunity for all. In effect, it is intended to provide a simple approach to anti-discrimination in England and Wales so that everyone is entitled to equality and fairness within society.

The main rights under the Equality Act provide increased protection for citizens against discrimination (both direct and indirect); victimisation and harassment; work, associations, transport and education. There are specific provisions for individuals who are undergoing gender reassignment. There are also special provisions for those who are carers for others, to protect them from discrimination. For example, someone who cares for another cannot be turned down for a job because they have this additional responsibility. Those who have a disability cannot be discriminated against in, for example, job applications – as employers are not allowed to ask as many questions about health or disabilities.

What the Equality Act Can Do For You

While there were anti-discrimination laws in place before, the government recognised that these did not go far enough. Women who did the same job as men are often paid less than their male counterparts; people are still refused jobs on the basis of their race; others lose out because of disability; and talented children from less well off families do not do as well as those from more affluent families. Older people must be treated the same as younger people (such as in consumer situations, for example).

How This Could Work in Practice

Local authorities will be required to look at the services they provide to ensure that individuals from less well-off areas are not disadvantaged in terms of the availability of public services. Public bodies also have to ensure that they support the concept of equality amongst individuals, such as through the jobs they provide and the money that is spent on public services.

As well as having to consider people of different races, abilities and sexes fairly, public authorities now have to consider young and old, sexual orientation, religious beliefs (and those without them), pregnant or post-natal women, and those who are in the process of changing (or who have changed) their sex. This could have a significant impact on the way that hospitals provide for young and old patients, for example. It will not affect existing provisions, such as flu injections, free bus passes for older people or travel discount for young people.

Equal Pay

Under provisions yet to come into force, the Equality Act will require companies that have more than 250 people in employment to be required to publish the pay rates of their male and female workers; as well as information about the number of ethnic minority and disabled individuals that work for them.

There is also likely to be increasing emphasis on positive discrimination for employers who do not have enough women or ethnic minorities working for them, with a view to them filling more of the top jobs in society such as in the boardroom, courtrooms, and in parliament. This could mean that, in a job race between a man and a woman, the woman could get the job over the man because of ‘positive action’ on the part of the employer to comply with the Equality Act.

Fathers

While there may not appear to be much by way of good news for separated dads within the new legislation, it is in its very early stages of development and case law is likely to shape the way that the legislation is put into effect. New fathers will be entitled to equal amounts of paternity leave as their female counterparts, and dads who have shared responsibility for their children should not be discriminated against because they are likely to take more time off work to look after their children than other men.

Other Rights

Women who choose to breastfeed in public will no longer be discriminated against on the basis that they are offending others; it is against the law to ask a woman to leave if she breastfeeds in public. Clubs and societies cannot ban classes of people, so a golf club cannot be men-only and a society that does not have disabled access (thereby preventing disabled people from joining) will be required to make their meetings more accessible to disabled people.