BONALLACK & BISHOP – SALISBURY SOLICITORS – PRESS RELEASE
29th September 2010
Equality Act 2010 – Employers Beware!
1st October 2010 sees the Equality Act become law. This new Act is designed to consolidate most existing equality and discrimination law as well as providing simpler stronger and more consistent rules.
According to Nigel Mills, specialist Employment Lawyer with Salisbury Law Firm Bonallack and Bishop, “Employers need to be aware of the new Act and in particular those areas where existing discrimination law is strengthened. Every business needs to be particularly careful of these changes given the remarkable 2009/2010 Employment Tribunal statistics, showing an amazing 793,900 applications being made to the Employment Tribunals – a significant year on year increase of 56%!"
In summarising some of the major changes contained in the Act, Nigel explains, “In bringing together strands of discrimination law, the Equality Act protects people from any discrimination based on what are described as specific ‘protected characteristics’ – i.e. race, ethnic origin, nationality or colour; sex; disability; sexual orientation; maternity or pregnancy discrimination; gender reassignment; marriage and civil partnership; religion or belief. In particular this may apply in areas such as the following:
- Anyone accessing your services, products, or facilities, as well as your employees is protected from any direct discrimination based on these “protected characteristics”.
- Any workplace policy or practice applying to everyone but disadvantaging those with a "protected characteristic" could be classified as indirect discrimination – unless the employer's actions are ‘reasonable.
- The Act is likely to increase the number of those classified as disabled, by making it easier for employees to prove they have difficultly carrying out day to day activities and are therefore entitled to protection under the act. In particular, for example, employees who have suffered a number of linked periods of depression in the two previous years, and who are having difficulty carrying out day to day activities will be classified as disabled.
- Treating any disabled worker unfavourably for reasons connected to their disability, such as making spelling mistakes as a result of dyslexia, can be classed as discrimination.
- There is even some suggestion that if a business only offers appointments by phone, in doing so they may be guilty of indirect determination because this could disadvantage the deaf – and it may prove difficult to show that other options could not have been provided reasonably.
- Any business may find themselves liable for employee harassment by third parties if they are aware that such harassment has taken place on at least two occasions previously and they have failed to take steps to prevent repetition of that harassment.
- The circumstances in which any business can ask job applicants questions relating to their health are further limited.
In conclusion, Nigel comments, “As the Equality Act generally strengthens and expands some aspects of discrimination law, any sensible business should be reviewing and, if necessary, amending their discrimination and equality policies to make sure they comply with the new Act -or risk a very expensive employment tribunal claim.”
To contact Nigel, call Bonallack and Bishop on 01722 422300 or email Nigel Mills.
