Transcript Equality and Diversity - Heriot

Equality Act 2010
September 2010
The legal context
 There is a strong legal framework underpinning
equality activity
 The law covers employment and in some cases
provision of goods and services
 It outlines clearly what is unlawful in terms of
discrimination
 Public authorities are also subject to a number of
‘positive duties’
Equality Act 2010
 Reforms and harmonises discrimination law (over
116 separate pieces of legislation)
 Main provisions of the Act come into force in October
2010
 April 2011: Socio-economic duty, Equality Duty and
protection from dual discrimination
 2012: Ban on age discrimination in provision of
goods, facilities, services and functions
Nuts and Bolts…
Protected Characteristics









gender
pregnancy and maternity
race
marriage and civil partnership
disability
age
sexual orientation
religion or belief (or none)
gender re-assignment.
Public Sector Equality Duty
 Eliminate discrimination, harassment and victimisation
 Advance equality of opportunity between persons who share
a protected characteristic and persons who do not share it
 Foster good relations between persons who share a protected
characteristic and persons who do not share it.
Equality Act 2010
Retains familiar concepts (with some revisions)
 Direct Discrimination
 When someone is treated less favourably than another on equality
related grounds
 Indirect Discrimination
 When an action appears to affect everyone equally but in fact
disadvantages one or more groups
 Victimisation
 being treated less favourably than others in the same circumstances
because of making a complaint
 Harassment
 Unwanted conduct which has the effect of : violating the other person’s
dignity; or creating an intimidating, hostile, degrading, humiliating or
offensive environment
Equality Act 2010:
Additional Concepts
 Direct Discrimination definition extended
 covers association and perception
 Combined or Dual Discrimination
 Protects people who experience discrimination
because of a combination of protected
characteristics
 Detriment Arising from disability
Equality Act 2010:
Additional Concepts
Positive Action
• scope extended to allow activity to overcome or minimise
disadvantage
• The act extends the law to include positive action in activities
related to recruitment, promotion and students
• ON A CASE-BY-CASE BASIS AND VOLUNTARY
E.g.
If there are two or more equal candidates for a job (or promoted post),
the candidate from a “disadvantaged” group can be favoured if:
-
The appointed candidate is part of a group who share a protected
characteristic
Is at a disadvantage or under-represented
As qualified as the other candidate(s)
Other Additions
 Gender Reassignment:
Requirement to be receiving medical treatment has been removed
 Pre-employment health questionnaires banned except where
reasonable adjustments need to be invited (after initial selection and
offer has been made)

-
Definition of ‘belief’:
Genuinely held
Not an opinion or viewpoint
Weighty and substantial aspect of human life and behaviour
Worthy of respect in a democratic society
Compatible with human dignity and not conflict with the rights of others
Other Additions
 Age discrimination ban extended (travel concessions retained)
 Secrecy Clauses banned
 Publish information on rates of pay to establish if there are any
differences between males and females
 Publish minority ethnic and disability employment rates
 Strengthened procurement element....introduction of a new voluntary
“kite-mark” much like the ‘Two Ticks’ symbol
What has changed?
 No longer a legal requirement to publish equality
schemes however requirement to develop and
publish equality objectives
 A shift toward evidence based objectives – reflective
of local circumstances
 National objectives to be developed
 Requirement to assess and demonstrate equality
impact on key policy and service delivery initiatives –
process not prescribed
What has changed?
 Removal of pre-employment questionnaires - unless
job relevant
 Strengthening exiting and establishing new concepts
could make it easier for people to make claims
 Employment tribunals will be able to make
recommendations beyond individual cases
 Next slide shows the coverage of the Act by
Protected Characteristic
Protected
Characteristic
Issues covered
by the Equality
Act
Discrim in
employ
Discrim in prov
of services
Discrimin in the
delivery of HE
general duty to
promote
The work of
general qualif
bodies
Positive action
provisions of
the act
Dual discrim
Discrim linked
to perceived
characteristic
Discrim by
assoc
Duty to make
adjust for
disabled people
Socioeconomic duty
Procurement
provisions of
the act
Age
Disability
Gender
reassignment
Marriage
and civil
partnership
Pregnancy
and
maternity
Race
Religion
and belief
Sex
Sexual
orientation
Socioeconomic
disadvantage
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
N/A
Yes
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Yes
To be clarified
N/A