The two main purposes of the Equality Act 2010 are to harmonise discrimination law and to strengthen it. It brings together and re-states the existing discrimination legislation and seeks to adopt a single approach where appropriate. However, it also contains a number of important changes to the law, including:
- Making employers explicitly liable, in some circumstances, for harassment by third parties in the workplace.
- Extending the concept of positive action to allow employers to recruit or promote someone from an under-represented group, but only where they have a choice between two or more equally-suitable candidates.
- Outlawing employers’ pre-employment health enquiries unless they are made for prescribed reasons.
- Limit the enforceability of contractual “pay secrecy” clauses.
- Strengthen enforcement by enabling tribunals to make recommendations that benefit the wider workforce, not just the claimant.
The majority of the Act’s provisions came into force on 1 October 2010.
Government guidance on the Equality Act 2010
The government has published a quick guide for businesses who sell goods and services which aims to help them understand their obligations under the Act: http://www.equalities.gov.uk/pdf/14314%20BCC%20Quick%20Guide%203rd.pdf
Non-statutory guidance for service providers and employers has also recently been published: http://www.equalityhumanrights.com/legislative-framework/equality-bill/equality-act-2010-guidance.
