Introduction to the Equality Act 2010
Equality Act 2010
The Equality Act is the principle piece of legislation which provides protection from
unlawful discrimination and harassment. The protections afforded by the Act apply to a wide range if situations, but they are not universal; it is important to remember that the Act protects against discrimination which arises:
- Because of protected characteristics
- In a variety of different circumstances or relationships
- But not all discrimination is unlawful
Brief History of Modern UK equality law
The Equality Act builds on the foundations of previous legislation, introduced in a piecemeal way sincee the race and sex discrimination laws of the 1960s and 70s.
- Race Relations Acts of 1965, 1968 and 1976;
- Equal Pay Act 1970 and
- Sex Discrimination Act 1975
This gave us much of the basic structure of modern equality law including;
- Concepts such as direct and indirect discrimination
- Areas of scope including employment, education, provision of goods and services
- Commissions (Equal Opportunities Commission and Commission for Racial Equality)
The formal structure for protection from Disability discrimination came later, in the form of the Disability Discrimination Act 1995 (DDA 1995).
The concepts that were introduced by DDA 1995 have been carried over into the current legislation and in some instances extended.
Unlawful discrimination
Not all discrimination is unlawful. One approach which might be helpful is to consider:
- Has the person suffered a disadvantage?
- Is the disadvantage “because of” a protected characteristic?
- Does any potential discrimination fall under an exception?
- Is there a justification applicable?
- What Court or Tribunal will it be raised in and what remedies are available?
- What is the time limit and when did it start running?
The
protected characteristics
Can you name any characteristics that might be protected under the Equality Act 2010?
*Resource Here* - quiz/mcqNB the provisions concerning discrimination in provision of services do not apply to under 18s in respect of the protected characteristic of age – S.28(1)(a)
Or marriage & civil partnership S.28(1)(b)
For those aged 18 years and over, age is a protected characteristic.
Protection will be provided against age discrimination for those over 18.
The Act disapplies age as a protected characteristic for those aged under
18 years in relation to services and public functions (Part 3 of the Act). In
relation to associations (Part 7 of the Act), age is a protected characteristic
irrespective of the person’s age.
Gender reassignment
(1)A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.
(2)A reference to a transsexual person is a reference to a person who has the protected characteristic of gender reassignment.
(3)In relation to the protected characteristic of gender reassignment—
(a)a reference to a person who has a particular protected characteristic is a reference to a transsexual person;
(b)a reference to persons who share a protected characteristic is a reference to transsexual persons.
Religion & Belief
“(i) The belief must be genuinely held.
(ii) It must be a belief and not … an opinion or viewpoint based on the present
state of information available.
(iii) It must be a belief as to a weighty and substantial aspect of human life and
behaviour.
(iv) It must attain a certain level of cogency, seriousness, cohesion and
importance.
(v) It must be worthy of respect in a democratic society, be not incompatible with
human dignity and not conflict with the fundamental rights of others….”
Climate change – Yes
‘English Nationalism – No