New government still pushing for equality in the workplace
One of the Labour Governments main aims with employment law prior to their loss of power was to streamline discrimination laws and bring in the Equality Act 2010.The aim of the Act was to bring disability, sex, race and other grounds of discrimination within one piece of legislation and was to be one of the most significant pieces of employment law legislation in a long time, confirms Employment Solicitor Louise Haward of Smith Partnership Solicitors in Derby. .
There has however been much talk of whether the new coalition government was to carry on with the implementation of the Equality Act 2010 which is due to come into force as of the 1st October 2010 with rumours being rife that they would either scrap it or make massive changes.
Louise confirmed that in order to dispel rumours Theresa May, Home Secretary and Equalities Minister, has now announced that the Act will still be implemented this October. She stated that the Act would make it easier for companies to comply with anti-discrimination legislation.
The Act draws 9 separate pieces of legislation into one and Louise reports that some of the key provisions of the Equality Act 2010 are:
- All discrimination legislation will be housed under one roof.
- Where employers are faced with a choice of two employees who are both equally qualified, they will be able to positively discriminate in favour of a candidate who is from a unrepresented group
- Direct discrimination or harassment based on association are to be more clearly unlawful
- The requirement for a comparator in victimisation cases will be removed
- Pay transparency will be increased as secrecy clauses will be unenforceable in certain circumstances
- Employers will be prevented from asking job applicants questions concerning their health or disability except in defined circumstances such as where it is necessary to ascertain whether or not the applicant will be able to carry out a key part of the role.
The Act was to deal with pay transparency by removing secrecy clauses from contracts i.e. those that ban employees from discussing their salaries with each other. At the moment the current government has not confirmed if this element of the Act will come into force.
The Government Equalities Office has announced that the provisions in the Equality Act will come into force at different times to allow time for the people and organisations affected by the new laws to prepare for them, although the GEO confirms that it continues to work on the basis of the previously announced timetable, which envisaged commencement of the Act's core provisions in October 2010.
This is landmark legislation and therefore Louise advises that all employers need to check their all relevant policies and procedures in their staff handbooks such as equal opportunities or harassment policies are up to date and that practices such as interview techniques are reviewed to make sure that inappropriate questions are not being asked ensuring compliance with the Equality Act 2010.
If you would like more information on this topic, or any employment law related matter, or to assist with auditing and updating your policies and handbook, Louise can be contacted on 01332 225 383 or by email - louise.haward@smithpartnership.co.uk.