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by Munro Research

Equality Act 2010


Official Summary

A Bill to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; and for connected purposes.

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Overview

The Equality Act 2010 is a UK law that aims to harmonize and reform equality legislation, combining and restating various previous acts relating to discrimination and harassment. It protects individuals from unfair treatment based on nine protected characteristics and establishes a public sector equality duty. The act also includes provisions to promote equality of opportunity and eliminate discrimination across various sectors.

Description

This Act prohibits discrimination, harassment, and victimisation based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It covers various areas including employment, services, public functions, premises, education, and associations.

Key Aspects:
  • Direct discrimination: Treating someone less favourably due to a protected characteristic.
  • Indirect discrimination: Applying a rule that disadvantages people with a protected characteristic.
  • Discrimination arising from disability: Unfavourable treatment due to something related to a disability.
  • Harassment: Unwanted conduct that violates dignity or creates a hostile environment.
  • Victimisation: Subjecting someone to a detriment because they've made a protected act.
  • Reasonable adjustments: Duty to take steps to avoid substantial disadvantage for disabled people.
  • Public sector equality duty: Public authorities must have due regard to eliminating discrimination, advancing equality, and fostering good relations.
  • Positive action: Allows for taking proportionate steps to overcome disadvantages faced by those with protected characteristics.
  • Gender pay gap reporting: Regulations may require employers (with over 250 employees) to publish information on gender pay gaps.

Government Spending

The Act doesn't specify a direct cost figure. However, it implies increased government spending in areas such as enforcement, guidance, and potential support programs to address socio-economic inequalities. The cost of implementing the public sector equality duty, and related duties imposed by the Act, is expected to fall upon public bodies.

Groups Affected

  • Employers: Must ensure equal opportunities and avoid discrimination in hiring, promotion, pay, and working conditions.
  • Employees: Protected against discrimination and harassment in the workplace.
  • Service providers: Cannot discriminate in providing services to the public.
  • Educational institutions: Must not discriminate against students in admissions, provision of education, or access to facilities.
  • Associations: Must not discriminate in membership, access to benefits, or treatment of members or guests.
  • Disabled people: Benefit from the reasonable adjustments duty and protections against discrimination.
  • Women: Protected from discrimination based on pregnancy and maternity, and are entitled to equal pay for equal work.
  • Public authorities: Have a duty to eliminate discrimination and advance equality in the exercise of their functions.
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