Equality takes on a more streamlined shape

Businesses will see several changes as the new Equality Act comes into effect in October 2010, although much of the legislation will remain reassuringly familiar. Laura Forster looks at the new streamlined approach to outlawing discrimination.

The Equality Act is designed to make things easier for employers by bringing together rules and regulations previously scattered throughout nine separate pieces of legislation.

The Act introduces several changes which will affect businesses and employers relating to discrimination in its various forms.

For example, businesses should be aware that people who access goods, facilities and services are protected from discrimination relating to "protected characteristics". These characteristics are:

• Disability;
• Age;
• Gender;
• Pregnancy and maternity;
• Race - including ethnic or national origins, colour and nationality;
• Religion or belief;
• Sex and sexual orientation.

The safest approach is to make it a matter of standard practice that all people are treated the same, regardless of any special characteristic they may have. Incidentally, the Act also clarifies that it is unlawful to discriminate against a woman because she is breastfeeding. It means a mother could not be asked to leave a restaurant, for example, because she needs to breastfeed her baby.

With the exception of pregnancy and maternity, people do not have to have one of the protected characteristics themselves to be protected from discrimination. The protection also applies if a person is unfairly treated because they are wrongly perceived to have a particular characteristic.

The protection also extends to people who are treated unfairly because they are associated with someone who has a protected characteristic. For example, this could apply to the carer of a disabled person.

There are also several changes relating to the workplace and employment law.

For example, work contracts must not contain secrecy clauses preventing staff from discussing how much they earn and comparing salaries to see if there is any evidence of discrimination. However, employers can still require staff not to disclose salary levels to people outside the company, particularly competitors.

There are also changes relating to harassment and victimisation, and the Act also introduces the concept of harassment by a third party. This means that employers are potentially liable for harassment of their staff by people they don't employ.

The Act updates and streamlines the law and should make things easier for businesses in the long term. In the meantime, however, companies may want to review their policies if they have not already done so to ensure they meet all the new requirements.

For more information please contact Laura Forster on 0115 988 6721 or email lforster@andersonssolicitors.co.uk