The Employment Law Solicitors Guide to The Equality Act 2010
The government, equality campaigners and employment law solicitors have all welcomed the Equality Act as a giant leap towards stronger discrimination law and the simplification of pre-existing legislation.
Employment law solicitors are welcoming the forthcoming introduction of the new law, because there was a feeling among many that streamlining the previous legislation needed to be a priority. Some employment law solicitors felt that previously complex legislation was actually hindering progress towards greater equality rather than helping it.
For the most part, the act will come into force in October and employment law solicitors want everyone to be aware of the changes. The advice is to prepare now before it’s too late.
From October it will be illegal for businesses to ask job candidates questions relating to their health if it is unrelated to the job. Employers will no longer be able to use contractual clauses which bar employees from discussing their salary and bonuses. And employers will have the option to favour candidates with an under-represented ‘protected characteristic’ if two equal job candidates are found. The term ‘protected characteristic’ covers age, sex, religious beliefs, sexuality, nationality, race and disability.
Employment law solicitors are welcoming the addition of legislation that will allow employees to launch discrimination claims on two grounds if they feel that they were victims of discrimination owing to them having two or more of the protected characteristics. The spectrum of discrimination law will also be broadened to outlaw discrimination on the grounds of a person’s association with a person with a protected characteristic.~ Discrimination law will be expanded to protect individuals from discrimination on the basis of their association with a person with a protected characteristic.~ The law relating to discrimination will also be extended to include discrimination against individuals based on their association with someone with a protected characteristic.} For example treating an employee unfavourably on account of them having a disabled child would be illegal. Similarly, it will also be illegal to discriminate against a person who is wrongly assumed to have a protected characteristic.
These are just some of the many facets of the new law. There will be many other changes and employment law solicitors will be able to advise on incorporating the law into the workplace. Employment law solicitors advice firms to review their equality policy and recruitment process now to avoid problems in October.