Equality Act 2010

Rahana Mohammed

Equality - History

• Race Relations Act 1965 • Race Relations Act 1968• Race Relations Act 1976• The Stephen Lawrence Inquiry (the Macpherson Report)• Equality Act 2006• Equality Act 2010

Equality – HistoryThe Journey to Race Equality, 2004, Audit Commission Report, found that ‘People from

black and minority ethnic communities still experience multiple inequalities and

discrimination’ and that ‘Local agencies are on a journey to race equality and some are

doing better than others’. Recommendations included:• Delivering race equality benefits the whole community• Local agencies need a clear vision of race equality, based on a good understanding

of local issues and a clear description of how outcomes for black and minority ethnic

communities will improve• The barriers and assumptions that prevent progress can contribute to institutional racism• Delivering race equality requires significant change. The factors that will help local

agencies to make progress along the journey include leadership at all levels, mature

dialogue with all parts of the community, and regularly evaluating and engaging partners• Delivering race equality is a long-term programme.

Equality Act - 2010

Characteristics• 1) age 2) disability; • 3) gender reassignment 4) marriage and civil

partnership • 5) pregnancy and maternity 6) race • 7) religion or belief 8) sex (gender) • 9) sexual orientation.

Equality Act 2010

Forms of Discrimination• Direct discrimination• Indirect discrimination• Harassment• Victimisation

Direct Discrimination

• Direct discrimination is defined as unlawful in the

same areas specified in the Equality Act 2010

(i.e. services and public functions, premises, work,

education and associations). Less favourable

treatment could be anything from not gaining

employment to receiving poorer services.

It did not matter what motivated the treatment.

Indirect Discrimination

• Indirect discrimination means applying a criterion,

provision or practice which was not a proportionate

means of achieving a legitimate aim, disadvantaged

people of a particular age, gender, race, disability,

religion or belief or sexual orientation and

disadvantaged a particular individual from a

protected group.

Harassment • Harassment is unwanted conduct – on or because

of a protected ground - that violated a person’s dignity

or created an intimidating, hostile, degrading,

humiliating or offensive environment having regard

to all the circumstances and the perception of the

victim – this definition applies to all strands and

protected groups. The effect of the behaviour is

important – not the motivation of the person being

complained about, or their intention.

Victimisation • Victimisation is prohibited under The Equality

Act 2010. The victimisation provisions are designed

to ensure that individuals who allege discrimination

are not too afraid to make a legal complaint and/or

frightened into withdrawing a complaint. An individual

(e.g. a worker or service-user) need not have a

particular protected characteristic in order to be

protected against victimisation under the Act; to be

unlawful, victimisation must be linked to a ‘protected act’.

Public Sector Equality Duty (PSED)A public authority must, in the exercise of its functions, have due

regard to the need to—

(a) eliminate discrimination, harassment, victimisation and any

other conduct that is prohibited by or under this Act;

(b) advance equality of opportunity between persons who

share a relevant protected characteristic and persons

who do not share it;

(c) foster good relations between persons who share a

relevant protected characteristic and persons who do not share it.

Who has to do the PSED

• Public authorities, eg Local authorities, health

authorities, police, transport, Education• Any organisation that is responsible for a public

function, only to public not private functions• EHRC is responsible for enforcement

Specific Duties

Key points• Publication of information

– No later than 31st January 2011– Then every year after– Information must be related to persons who share

a protected characteristic for employees and those affected

by their policy and practice– Does not apply to public authorities with less that 150 employees

Specific Duties• Equality Objectives

– One or more objectives– Published no later than 6th April 2012– Subsequently every four years– Specific & measurable

• Manner of publication– Information must be accessible to the general public– Information may be published within another document

Internal Checks

• Circumstances where discrimination may occur?

What can you do to mitigate against this

• Reporting procedures – what do you have?

Tracking reports and any changes as a result

• Review policies and procedures in light of the Act

For example equality & diversity policy, bullying & harassment policy,

grievance policy, disciplinary policy, complaints policy, code of conduct,

governing documents

Future work

• What would you use the Equality Act 2010 for,

re issues?• What further support might you need in the future?

Rahana Mohammed

Rahana@rota.org.uk

www.rota.org.uk