May praises equality law

1st October 2010

Large sections of the equality act came into force today.

Home secretary and equalities secretary Theresa May has praised the new measures, which were passed by the last parliament.

"In these challenging economic times it's more important than ever for employers to make the most of all the talent available," she said today.

"When a company reflects the society it serves, it's better for the employer, the employees and the customers, so being a woman should never be a barrier to being treated fairly at work."

Helen Hughes, interim chief executive of the equality and human rights commission, said:

"It's more than just an Act.

"Simplifying equality legislation and extending protection to a wide range of groups that face discrimination will help Britain become a fairer society, improve public services, and help business perform well.

"For example, banning the use of pre-employment questionnaires under the new equality act could make it easier for veterans who have been recently disabled in the line of duty to get work; and protecting young mums from discrimination in school or college could mean they finish their education rather than drop out.

"It is also a reminder that treating people fairly protects organisations from costly discrimination claims."

The government's commencement order brings 90 per cent of the equality act 2010 into force today. The measures are:

* The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.

* Changing the definition of gender reassignment, by removing the requirement for medical supervision.

* Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.

* Clearer protection for breastfeeding mothers;

* Applying the European definition of indirect discrimination to all protected characteristics.

* Extending protection from indirect discrimination to disability.

* Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment.

* Applying the detriment model to victimisation protection (aligning with the approach in employment law).

* Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.

* Extending protection from 3rd party harassment to all protected characteristics.

* Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.

* Allowing claims for direct gender pay discrimination where there is no actual comparator.

* Making pay secrecy clauses unenforceable.

* Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.

* Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.

* Harmonising provisions allowing voluntary positive action.

The government is considering how to implement the remaining provisions "in the best way for business and for others with rights and responsibilities under the act".

Ministers will announced their decisions on the following measures "in due course".

* the socio-economic duty on public bodies

* dual discrimination

* duty to make reasonable adjustments to common parts of leasehold and
commonhold premises and common parts in Scotland

* gender pay gap information

* provisions relating to auxiliary aids in schools

* diversity reporting by political parties

* positive action in recruitment and promotion

* provisions about taxi accessibility

* prohibition on age discrimination in services and public functions

* family property

* civil partnerships on religious premises

The government is also holding a consultation on how best to implement the public sector equality duty.

The Fawcett Society has attacked the government for "rowing back on the requirement for big business to publish and take action on any differences in pay between men and women employees".

"It is tantamount to endorsing the shocking gender pay gap," said Ceri Goddard, chief executive of the society.

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