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Equality Act 2010 will start coming into force in October

05 July 2010

The new government has confirmed that it will stick with the implementation timetable for the Equality Act 2010 set by the previous Labour administration.

The new Minister for Women and Equalities, Theresa May, announced on 3 July that the initial implementation stage for the main provisions of the Equality Act 21010 will go ahead on 1 October 2010, as announced before the General Election.

There had been uncertainty as to the timing of the implementation and indeed whether the coalition Government would bring all the provisions of the Act into force at all given criticism about certain elements of the Act made by Conservative and Liberal Democrat MPs before the Act received Royal Assent.

Some uncertainty remains for example, in respect of the gender pay reporting provisions in the Act. However, it is now clear that from October the Act will achieve its stated aim of consolidating the numerous pieces of existing discrimination and equal pay legislation and will hopefully simplify the law making it easier for businesses and employers to comply. 

Protected characteristics

The Act will protect individuals on the following grounds:

Collectively these are referred to as the ‘protected characteristics’ throughout the Act. There are no new characteristics added but note that the definition of gender reassignment has been broadened so that it will no longer be necessary for an individual to be under the supervision of a medical practitioner to enjoy protection.  The definition of disability has also changed slightly.

Unlawful acts

Other than in relation to disability, where some new protections will be introduced, the concepts set out in the Act should be familiar; direct and indirect discrimination and harassment and victimisation remain unlawful in respect of all the protected characteristics. The definitions of unlawful conduct have been harmonised and existing anomalies largely ironed out.

In order to bring a direct discrimination claim under the Act it will not be necessary for the claimant themselves to have the protected characteristic. A claim will be able to be brought where there is less favourable treatment on the basis of an association with someone with a protected characteristic and on the basis of a perception (which may be mistaken) that someone has a protected characteristic.

There are some more minor changes to the definition of indirect discrimination and victimisation.

Other provisions not yet coming into force

The Act also contains other provisions, including the new concept of dual discrimination, an extended public sector Equality Duty and a prohibition on age discrimination in services and public functions.

The Government is looking at how the rest of the Act can be implemented in the best way for business, and will make an announcement in due course.

Further information

The Government Equalities Office in conjunction with the British Chambers of Commerce, the Equality and Diversity Forum and Citizens’ Advice, has now published summary guides to support implementation of the Act.

This simple guidance sets out what the new laws will mean for business, the public sector and the voluntary sector.

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