the equality act 2010 impact to date, key areas for consideration paul mcgowan 6 october 2011...

THE EQUALITY ACT 2010

Impact to date, key areas for consideration

Paul McGowan

6 October 2011

COLLINGWOOD LEGAL

[email protected]

Direct Dial: 01434 634112

Mobile: 07811594057

www.collingwoodlegal.com

mailto:[email protected]

Overview• Update on the Act

– The protected characteristics– Types of discrimination– Third party harassment

• Vicarious liability

• The public sector equality duty• Questions


Update on the Equality Act 2010

• Employment, including equal pay• Education• Provision of goods and services• Disposal, management and occupation of premises

• Codes of Practice


The Protected Characteristics

• Sex• Marriage and Civil Partnership• Gender Reassignment• Pregnancy and Maternity• Race• Disability• Religion or Belief• Age• Sexual Orientation


Types of Discrimination

• Direct• Less favourable treatment because of a protected

characteristic, NB association and perception• No defence (except in relation to age)• Indirect• Provision, Criterion or Practice which puts people of a

particular group at a disadvantage; puts the claimant at that disadvantage; and cannot be shown to be a proportionate means of achieving a legitimate aim.


Indirect Discrimination - Practical Examples

• Sex• Religion or Belief• Sexual Orientation• Disability

• NB does not apply to pregnancy or maternity


Combined discrimination

• Proposed new right to claim direct discrimination because of a combination of two protected characteristics.

• Was due to come into force April 2011, however now scrapped.


Disability Specific Issues

• Duty to make reasonable adjustments

• Discrimination arising from a disability

• Health questionnaires


Victimisation

• Detriment due to a protected act– Bringing proceedings

– Evidence or information

– Anything else under Equality Act

– Allegation of breach of Equality Act

– Must made be in good faith


Harassment

• Unwanted conduct related to a relevant protected characteristic which has the purpose or effect of :– Violating dignity– Creating an intimidating, hostile, degrading, humiliating or

offensive environment.

• Unwanted conduct of a sexual nature which has the purpose or effect above.

• Less favourable treatment due to rejection or submission to the unwanted conduct- sex, sexual nature and gender reassignment only.


Third party harassment

• Liability for acts of third parties • Applies when harassment takes place during the

course of the complainant’s employment; and• The Employer has failed to take such steps as would

have been reasonably practicable to prevent the third party from doing so.– Will not be liable unless the employer knows that the

employee has been subject to harassment on at least two other occasions by a third party.


Exceptions

• Genuine Occupational Requirements

• Positive Action, extended in April 2011


Vicarious liability

• Liability for employees acting in the course of their employment and agents acting within the authority of the education provider.

• Unless:-– Employer ‘took all reasonable steps to prevent’ the

employee acting unlawfully. Importance of training , policies etc.

– Agent’s actions are in direct contravention of express instructions not to discriminate. Importance of clear contractual terms.


• 6 April 2011- general equality duty came into forceMust in exercise of functions have regard to the need to

–Eliminate unlawful discrimination, harassment, victimisation and other prohibited conduct

–Advance equality of opportunity between people who share a protected characteristic and those who do not

–Foster good relations between people who share a protected characteristic and those who do not

Public Sector Equality Duty


10 September 2011- specific equality duties came into force

•6 April 2012- further education institutions to publish– One or more objectives for achieving the aims set out in s.149 (1) (and

continue every four years after that)

•31 January 2012- further education institutions to publish;-– information demonstrating compliance with general duty (and to

continue to do this annually)



• Practical Tips for compliance with the general duty

• Ensure all managers/ senior staff are aware of the requirements of the duty

• Duty complied with before/when a policy is being considered, implemented and reviewed

• Duty should influence final decisions

• Third parties exercising public functions on your behalf must comply with the duty- should be required to do so.



• Practical Tips for compliance with the specific duties

• Ensure you comply with the requirements of the DPA/ confidentiality when publishing information

• Engage with protected groups to help set objectives

• Look for areas of greatest need for action when prioritising objectives

• Set timetables for review of objectives



Equality Act 2010

Questions?


THE EQUALITY ACT 2010

Paul McGowan

COLLINGWOOD LEGAL

[email protected]

Direct Dial: 01434 634112

Mobile: 07811594057


mailto:[email protected]

the equality act 2010 impact to date, key areas for consideration paul mcgowan 6 october 2011...

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