In 2009, the government stated that if no action was taken to deal with the widespread discrimination which exists in society, the pay gap between men and women will not close until 2085 and it will take a further 25 years for people from ethnic minorities to have the same job prospects as their white counterparts.
In response to this concern, the Equality Act 2010 came into force on 10 October 2010 in an effort to strength and extend protections against discrimination both in the workplace and in wider society.
The Equality Act 2010 replaced and consolidated into one piece of legislation a number of separate anti-discrimination laws, including:
- the Equal Pay Act 1970
- the Sex Discrimination Act 1975
- the Race Relations Act 1976
- the Disability Discrimination Act 1995
- much of the Equality Act 2006
- the Employment Equality (Religion or Belief) Regulations 2003
- the Employment Equality (Sexual Orientation) Regulations 2003
- the Employment Equality (Age) Regulations 2006
- the Equality Act (Sexual Orientation) Regulations 2007.
The hope was that the harmonisation of the protections would make the legal position easier to locate and understand for all.
Protected characteristics
The Equality Act 2010 outlines the following "protected characteristics” which relate to a person’s:
- age;
- disability;
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- race;
- religion or belief;
- sex; and
- sexual orientation.
Types of discrimination in employment law
There are various types of discrimination covered under various sections of the Equality Act 2010 that apply to most (and in some cases all) of the protected characteristics:
- Direct discrimination - occurs where "because of a protected characteristic, A treats B less favourably than A treats or would treat others".
- Indirect discrimination – occurs where (for example) decisions or policies that are not intended to treat anyone less favourably, in practice have the effect of disadvantaging a group of people with a particular protected characteristic. There is a defence where the indirect discrimination can be objectively justified.
- Harassment – occurs where A engages in unwanted conduct related to a relevant protected characteristic which has the purpose or effect of either violating B's dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for B. Harassment can also occur where there is unwanted conduct of a sexual nature which has the abovementioned purpose of effect, or where because of B’s rejection to unwanted conduct of a sexual nature A treats B less favourably than they would otherwise have.
- Victimisation – occurs where A subject’s B to a detriment as a result of B doing, or A believing B has done/may do a protected act, a protected act, for examples, bringing discrimination claims, complaining about harassment, or becoming involved in another person's discrimination complaint.
It is unlawful for a person to instruct, cause, induce and/or aid in discrimination.
Failure to make reasonable adjustments and discrimination arising from disability are two additional types of discrimination which are covered in respect of the protected characteristic of disability.
Who is protected?
The Equality Act 2010 protects a wide range of individuals within the field of work, including employees, workers, self-employed consultants and job applicants. Ultimately, everyone in Britain is protected under the Equality Act 2010.
Who can be liable?
Claims are commonly raised against an individual’s employer. Employers may be liable for the unlawful actions of their employees, agents and third parties, which is commonly known as “vicarious liability”. However, employers have a defence if they can show that they took all reasonable steps to prevent the employee from doing the discriminatory/unlawful act.
Claims for discrimination may also be brought against individuals who were responsible for the discrimination, harassment or victimisation complained of, for instance an individual’s line manager, colleague, agent or third party.
Successful claims
In the event that an individual raises a claim in the Employment Tribunal under the Equality Act 2010 (known as the “claimant” for the purpose of proceedings), and is successful in their claim(s), there are a number of different remedies which the Tribunal can award. The Tribunal may do some or all the following:
- Award the claimant compensation, which can include compensation for financial loss and injury to feelings. In rare cases, aggravated damages compensation may also be awarded. Where a claimant has been dismissed because of a protected characteristic, the usual statutory cap which is present in most claims of unfair dismissal is removed and consequently compensation in this regard can be unlimited.
- Order an appropriate recommendation, which is designed to reduce the adverse effect of the discrimination towards the claimant.
- Make a declaration as to the rights of the claimant and the responded in relation to the matters to which the proceedings relate.
If you would like further guidance on the Equality Act 2010, including advice on recommended policies and training to help your business take reasonable steps to mitigate against discrimination in the workplace, please contact a member of our Employment Law team.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
Wright Hassall does not accept any responsibility for any loss which may arise from reliance on any information published here. Definitive advice can only be given with full knowledge of all relevant facts. If you need such advice please contact a member of our professional staff.
The information published across our Knowledge Base is correct at the time of going to press.
