Equality Act 2010
Over the last four decades, discrimination
legislation has played an important role in helping to make Britain
a more equal society. However, the legislation was complex and,
despite the progress that has been made, inequality and
discrimination persist and progress on some issues has been
stubbornly slow.
The
Equality Act 2010 provides a new cross-cutting
legislative framework to protect the rights of individuals and
advance equality of opportunity for all; to update, simplify and
strengthen the previous legislation; and to deliver a simple,
modern and accessible framework of discrimination law which
protects individuals from unfair treatment and promotes a fair and
more equal society.
The provisions in the Equality Act will come into force at
different times to allow time for the people and organisations
affected by the new laws to prepare for them. The Government is
considering how the different provisions will be commenced so that
the Act is implemented in an effective and proportionate way.
Latest News
The Government announced on 3 July that the first wave of
implementation of the Equality Act will take place on 1 October
2010 ('Government Equalities
Office simplifies legislation for business'). On
this date, the vast majority of the Act's provisions will come into
force.
Provisions coming into force on 1 October
2010
- The basic framework of protection against direct and indirect
discrimination, harassment and victimisation in services and public
functions; premises; work; education; associations, and
transport.
- Changing the definition of gender reassignment, by removing the
requirement for medical supervision.
- Levelling up protection for people discriminated against
because they are perceived to have, or are associated with someone
who has, a protected characteristic, so providing new protection
for people like carers.
- Clearer protection for breastfeeding mothers;
- Applying the European definition of indirect discrimination to
all protected characteristics.
- Extending protection from indirect discrimination to
disability.
- Introducing a new concept of “discrimination arising from
disability”, to replace protection under previous legislation lost
as a result of a legal judgment.
- Applying the detriment model to victimisation protection
(aligning with the approach in employment law).
- Harmonising the thresholds for the duty to make reasonable
adjustments for disabled people.
- Extending protection from 3rd party harassment to all protected
characteristics.
- Making it more difficult for disabled people to be unfairly
screened out when applying for jobs, by restricting the
circumstances in which employers can ask job applicants questions
about disability or health.
- Allowing hypothetical comparators for direct gender pay
discrimination.
- Making pay secrecy clauses unenforceable.
- Extending protection in private clubs to sex, religion or
belief, pregnancy and maternity, and gender reassignment.
- Introducing new powers for employment tribunals to make
recommendations which benefit the wider workforce.
- Harmonising provisions allowing voluntary positive action.
Details of the statutory instruments already laid, which will
commence the October package are available
here
Provisions on which the Government is
consulting about how best to implement
Provisions the Government is still
considering
- the Socio-economic Duty on public authorities
- dual discrimination
- duty to make reasonable adjustments to common parts of
leasehold and commonhold premises and common parts in Scotland
- gender pay gap information
- provisions relating to auxiliary aids in schools
- diversity reporting by political parties
- positive action in recruitment and promotion
- provisions about taxi accessibility
- prohibition on age discrimination in services and public
functions
- family property
- civil partnerships on religious premises
Ministers are considering how to implement these remaining
provisions in the best way for business and for others with rights
and responsibilities under the Act. Their decisions will be
announced in due course.
Guidance
Our webpage Equality Act 2010: What do I
need to know? contains summary guides to the Act
explaining how the changes to the law affect different people and
organisations and providing practical examples. It also contains
quick start guides to help people understand the key measures being
commenced in October. Further quick-start guides are due to be
published over the summer.
The Equality and Human Rights
Commission has published detailed guidance on equality law and
good practice.
Codes of practice
The Equality and Human Rights Commission is producing statutory
Codes of Practice on the Equality Act 2010.
Downloads
Historical Information
The Equality Bill was published on 27 April 2009 and became an
Act of Parliament on 8 April 2010.
The Parliament website contains links to all relevant documents
(including evidence by stakeholders, Hansard records of debates,
other proceedings) relating to the passage of the Equality Bill
through each House of Parliament.
You
can view the dates for all stages of the passage of the
Equality Bill, including links to Hansard records of the
debates in the Houses of Parliament.
Also available are the
earlier drafts of the Equality Bill (on introduction, and as
amended at subsequent stages), earlier drafts of the Explanatory
Notes, amendment papers, Public Bill Committee and Report stage
proceedings, research papers and Select Committee reports
You can also find archived
information and material on the Equality Bill.