The Equality Act 2010: While further provisions come into force, 'Plan for Growth' may ease the burden on employers

The implementation of the Equality Act 2010, designed to re-define the concept of discrimination and consolidate the raft of piecemeal legislation previously in force, has continued this month as planned.

As of 6 April, the 'positive action exemption' is extended to cover decisions made in the course of recruitment. The general rule, as established under the first phase of implementation in October 2010, is that employers must not treat one person less favourably than another on the basis of a protected characteristic such as gender or religion. By allowing positive action in certain circumstances, however, the Act enables employers to address disadvantages that would otherwise be suffered by minority groups - for example, by providing rest areas for pregnant women and not for other employees. This month's development has been widely welcomed by employers, who will now have the option to distinguish between candidates of equal merit by choosing one from an under-represented group. In addition, public bodies are now subject to a single 'equality duty' which aims to promote fairness and good relations across the range of protected characteristics.

Despite having been a key feature of Labour's social agenda when it received Royal Assent in April 2008, not all aspects of the Equality Act have found favour with the Coalition Government. A policy document accompanying last month's Budget suggests that those parts of the Act that would have permitted 'double discrimination' claims may never become law. According to the "Plan for Growth", inviting individuals to claim that they have been treated less favourably because they possess a combination of protected characteristics (for example, that they are a woman of an ethnic minority) would result in disproportionate burdens and costs for employers. On the other hand, critics warn that the coalition is "watering down" equality law and that those most at risk of marginalisation will lack protection.

Also at risk is the proposed introduction of 'third party harassment' liability, under which employers could be liable for the harassment of their employees by third parties, such as customers and suppliers. This "unworkable" idea having been met with some trepidation by employers, the Government has now pledged to consult on its repeal.

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