Be prepared for new anti-discrimination rules
Tuesday 31st August 2010
Businesses are being urged to carry out urgent "equality audits" to make sure that they will be able to comply with the new anti-discrimination rules coming into force in October.
The Government Equalities Office (GEO) has announced today (Tuesday) that the "vast majority" of provisions in the Equality Act 2010 are set to come into force on October 1 2010.
Employment Solicitor Kate Miles said: "Following the general election, there was a high degree of uncertainty about whether the Equality Act would actually be implemented. However, the GEO's announcement has provided some clarity about the legal provisions in this key area.
"Even though a number of other provisions will not come into effect until some point in the future, now is a good time for businesses to carry out their own equality audits to ensure that they are compliant and ready for the changes."
The provisions coming into force from October 1 include:
• Making "pay secrecy" clauses in Employment Contracts unenforceable;
• Preventing employers from asking pre-employment health questions, except in specified circumstances;
• Protection against direct and indirect discrimination, harassment and victimisation on various grounds (called "protected characteristics"), including for people associated with someone who has a protected characteristic;
• Extending protection for employees from harassment from people such as clients and members of the public they have to deal with in the course of their employment;
• The new concept of discrimination "arising from disability"; and
• New powers for Employment Tribunals to make "recommendations" relating to the management of the entire workforce, and not just the employee who has brought a claim.
Provisions that the GEO is still considering how to implement include:
• Combined discrimination claims;
• The provision of "Gender pay gap" information; and
• Provisions relating to what "positive action" should be allowed in recruitment and promotion.
