Katherine apps in leading case on equality act 2010 and esa. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability pdf file 848kb pdf, 693kb, 60 pages. The equality act 2010 allows for the introduction of the concept of dual discrimination, where an individual who believes that he or she has been treated less favourably because of a combination of two protected characteristics can bring a combined claim. Requests are supposed to be considered on the basis of the business needs of the organisation, but a manager decides that amans request to work flexibly to care. Written by a team of leading barristers from littleton chambers, this comprehensive book examines the acts provisions including. Summary of the equality act 2010 amendment bill 2012 a bill to amend the equality act 2010 to remove discrimination against women in relation to consecration of bishops in the church of england. Written by a team of leading barristers from littleton chambers, this comprehensive book examines the act s provisions including. Spice briefing equality act 2010 scottish parliament. The act brings together a large body of legislation to protect people from discrimination, into one single piece of statuslegislation. The equality act 2010 provides a single, consolidated source of discrimination law. The inequality in the application of law may also arise if poor men are kept from the cost of a.
Equality act 2010 2010 chapter 15 an act 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 socioeconomic inequalities. In this case the upper tribunal considered the extent to which the legal scope of the equality act 2010 should be considered by dwp decision makers, and by tribunals in assessing whether a. Describe how individuals and groups are discriminated against because of their characteristics. A quick start guide to gender reassignment for voluntary. Equality act 2010 wales briefing from our public law team april 2011 the public sector equality duty the public sector equality duty, brought in by the equality act 2010, came into force across england, scotland and wales on 6 april 2011. Act makes equality law simpler and easier to understand. The equality act 2010 is one of the most important pieces of business. Legislation in this area dates back to the 1970s when the equal pay 1970 came into effect followed by the. It draws on the services, public functions and associations code of practice. Nov 22, 2012 summary of the equality act 2010 amendment bill 2012 a bill to amend the equality act 2010 to remove discrimination against women in relation to consecration of bishops in the church of england. Equality act 2010 wrightington, wigan and leigh nhs. Its main purpose is to harmonise equality law as set out in the previously legislation, such as the sex discrimination act, race relations act, disability discrimination act and regulations relating to religion and belief, sexual orientation and age. Most of the equality act will start to apply in october 2010 and this guide covers the main changes coming into effect then.
Further changes were implemented in 2011, when new regulations on the public sector equality duties were passed. Disability affects us allas disabled people ourselves, and as the carers. The equality act 2010 the equality act 2010 southend. Equality before law must ensure that the judges are free from political pressures, free from corruption, bias etc. An analysis of aspects of the equality act 2010 commentary. The equality act 2010 consolidated and streamlined previous antidiscrimination legislation.
Health practitioner regulation national law act act 2010. Diversity, equality and the law in the uk uk parliament. It is important to understand what the act means to your organisation to ensure that you do not break the law. The equality act 2010 replaces the existing antidiscrimination laws with a single act. Equality act 2010 briefing note updated march 2012 to reflect specific duties regulations and the proposed scottish specific duties 1. Sexual orientation is a protected characteristic under the equality act 2010.
As far as schools are concerned, for the most part, the effect of the new law is the same as it has been in the past meaning that schools cannot unlawfully discriminate. Equality act 2010 equality, diversity and inclusion. On 19 september 2014 the upper tribunal handed down judgment in js v secretary of state for work and pensions 2014 ukut 0428 aac. It established legally recognised regulations regarding direct and indirect discrimination of an individuals gender. Pdf an analysis of aspects of the equality act 2010. Before that, tribunals could make recommendations in relation to an individual claimant, but not the employers wider workforce. Jul 01, 2010 page 2 health practitioner regulation national law act act 2010 a201010 authorised by the act parliamentary counselalso accessible at. Introduction the equality act 2010 consolidates and streamlines previous antidiscrimination legislation, introducing a consistent basic framework of. The equality act 2010 makes it law that every private, public and voluntary organisation must not discriminate against employees and people that use their services because of particular characteristics. For example, if youre over 18, the act contains a new law to protect you from discrimination because of. This is backed up by the requirements of the eu equality directives and the jurisprudence. It replaced previous antidiscrimination laws with a single act, making the law.
Sep 08, 2010 the equality act 2010 allows for the introduction of the concept of dual discrimination, where an individual who believes that he or she has been treated less favourably because of a combination of two protected characteristics can bring a combined claim. The equality act 2010 became law on 1st october 2010 on the 1st october 2010 the government introduced the equality act 2010. It introduced measures that have direct implications for colleges and higher education institutions heis. Insted consultancy equalities in education paper d who wants to be a millionaire. Keep up to date with the progress of bills going through parliament. Overview of the act the act consists of four multiplechoice testsin english, mathematics, reading, and sciencewith an optional writing test. Viki galt, disability information officer, information services sheila williams, director, student disability service the equality act aims to simplify and consolidate previous anti discrimination laws such as the dda, sex discrimination act etc replaces disability discrimination act and the disability equality duty most of the act came into effect october 2010 covers 9 protected. Equality act 2010 fact sheet luton borough council. The equality act 2010 in codifying a complex set of antidiscrimination enactments dated back to 1964 prohibits public authorities discriminating in the performance of their public functions, unless specifically authorised to do so by primary legislation. The equality act is legislation that would massively overhaul our federal civil rights framework in order to mandate special privileges in the private sector for sexual orientation and gender identity sogi. Equality act 2010 summary guidance on services, public. Spice briefing equality act 2010 22 june 2011 1150 nicki georghiou this paper highlights the key changes implemented by the equality act 2010 and refers to specific provisions relevant to scotland. The aim of the act is to streamline and combine previous discrimination legislation. Equality act provisions which came into force on 1 october 2010.
Chapter the right to equality and nondiscrimination in the administration of justice as shown by the world conference against racism in durban, south africa, in 2001, the challenge facing governments, nongovernmental organizations and civil. Prior to the introduction of the equality act 2010 there was a confusing mix of antidiscrimination and equality laws. The guide is based on equality law as it was at 6 april 2014. Equality act 2010 fact sheet gender reassignment the equality act 2010 protects people who share a protected characteristic from discrimination and harassment. It details the different ways in which its unlawful to treat someone and sets out a number of duties which public institutions. The objects of this act are a to enact legislation required by section 9 of the constitution. It is hoped that this will, in turn, make matters easier for businesses. The equality act 2010 legally protects people from discrimination in the workplace and in wider society. A quick start guide to gender reassignment for voluntary and. Protection and functions protection is provided against discrimination, harassment and victimisation on the grounds of sexual orientation and applies to employment, education, the provision of goods, facilities and services, the management of premises and the exercise. It would add these sogi categories alongside characteristics in civil rights statutes. Rights commission ehrc failing to act in areas of significant inequality and unable to provide an. Equality act 2010 but they interact with provisions in the act for example, the right not to be discriminated against because of pregnancy or maternity or because of sex to achieve greater equality at work, particularly for women and those with caring responsibilities. Government equalities office, equality act 2010 employer liability for harassment of employees by third parties.
The equality act 2010 the act sets out the equality duty which public bodies must fulfil when carrying out their functions. Equality act 2010 fact sheet what is the equality act 2010. The equality act 2010 the act does not define an age group. In 2010 most of the disability discrimination act was replaced by duties in the equality act 2010 eqa.
Disability quick start guide uk the equality act 2010 replaces the existing anti discrimination laws with a single act. This invaluable legislation guide offers timely coverage of a new act that will transform the landscape of equality and discrimination law. The equality act 2010 legally protects people from discrimination. It replaces previous antidiscrimination laws with a single act, making the law easier to understand and strengthening protection in some situations.
For example, if youre over 18, the act contains a new law to protect you from discrimination because of your age when you shop. An applicant applies for a job in a warehouse, which requires the manual lifting and. Test questions minutes per test english 75 45 mathematics 60 60 reading 40 35. What equality law means for you as an education provider. This briefing summarises key issues contained in the act that heis, colleges and designated institutions should be. This briefing summarises key issues contained in the act that heis, colleges and designated institutions should be aware of. Equality act occupational requirements diocese of london. The equality act 2010 the equality act 2010 was implemented in october 2010. Nov 02, 2010 the equality act 2010 came into force on 1st october 2010. Protection and functions protection is provided against discrimination, harassment and victimisation on the grounds of sexual orientation and applies to employment, education, the provision of goods, facilities and.
Equality law the open university equality and diversity. Wales has become the first nation in the uk to introduce specific regulations to support compliance with the. The department for education dfe consulted on further changes to schools duties and these came into force in september 2012. This report focuses on the changes from old law to the introduction of the equality act 2010 in terms of how discrimination is treated within the workplace. The act is the largest overhaul of uk anti discrimination law for around 35 years and affects organisations of all sizes. Bearing in mind the provision of article 2, paragraph 1 c, of the convention, the government is called upon to revise its nationality act as far as it differentiates between ethnic greeks and non. Equality act 2010 applies in england, scotland and wales protected characteristic sexual orientation is a protected characteristic under the equality act 2010. Introduction the equality act 2010 consolidates and streamlines previous antidiscrimination legislation, introducing a consistent basic framework of protection against direct. Under the equality act 2010 there are some exemptions that apply to the work environment which allow employers to require employees to have or not to have certain protected characteristics.
The impact on disabled people 5 summary introduction there are over 11 million disabled people in the united kingdom, and the number grows year by year. Equality act 2010 factsheet manchester community central. It also strengthens the law in important ways to help tackle discrimination and inequality. The act protects the same groups of people that were covered by previous equality legislation. The legal status of this guidance this guidance applies to england, scotland and wales.
The act brings together a large body of legislation to protect people from discrimination, into one single piece of. Before this act, the main statutory providing legal aid did not cover certain issues, leaving gaps within the law. Asking for adjustments to help with your disability this advice applies to england print if you rent your home or youre looking for somewhere to rent, you might have a right to changes that will help you live there with your disability. The act brings together all previous equality laws, making them simpler. Summary guidance on services, public functions and associations. The act brings together over 100 separate pieces of legislation which includes sex, disability. Equality act 2010 summary guidance on employment msword2003. It simplifies the law and it extends protection from discrimination in some areas. The equality act 2010 for more than 40 years successive governments have introduced antidiscrimination laws both to create and to respond to changes in society, to promote civil rights and equality. Some colleges and universities require or accept act writing scores, so you may consider taking the writing section of the act. April 5, 2011 to present version 1 of 1 149 public sector equality duty 1 a public authority must, in the exercise of its functions, have due regard to the need to. The government is looking at how the rest of the act can be implemented in the best way for business, and will make an announcement in due course. What is the one general duty all schools must meet.
Equality act 2010 amendment bill 2012 uk parliament. Sex discrimination act 1975 referred to as sda 1975 is the act that covered discrimination on grounds of sex. It simpliies the law, removing inconsistencies and making it easier for people to understand and comply with. Declaration of principles on equality 2008 the equal rights trust 8 6 relationship between the grounds of discrimination legislation must provide for equal protection from discrimination regardless of the ground or combination of grounds concerned. Disability affects us allas disabled people ourselves, and as the carers, family, friends, employers, colleagues, and educators. Asking for adjustments to help with your disability. It could be relative, for example younger than me, and can be a particular age. Sections 1101b, 1106, and 1107 of the civil rights act of 1964 shall apply to section 201 and remedial provisions of this act related to section 201 except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex including sexual orientation and gender identity, or national origin shall be considered to be a reference to race, color, religion, sex including sexual orientation and gender identity, national origin, age, or. It replaced previous antidiscrimination laws with a single act, making the law easier to understand and strengthening protection in some. These are called occupational requirements or and the burden is on the employer to show that there is an occupational requirement attached to a particular job role. The equality act 2010 came into force on 1st october 2010.