Equality Act 2010
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The Equality Act 2010
The act has broadly the same goals as the four major EU
The act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and
Background
The Labour Party included a commitment to an Equality Bill in its 2005 election manifesto. The Discrimination Law Review was established in 2005 to develop the legislation and was led by the Government Equalities Office. The review considered the findings of the Equalities Review Panel, chaired by Trevor Phillips, which reported in February 2007.[10] The Act is intended to simplify the law by bringing together existing anti-discrimination legislation. The Equality Act 2010 has replaced the Equal Pay Act 1970, Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003[11] and the Employment Equality (Age) Regulations 2006.
Polly Toynbee wrote that the bill, which was drafted under the guidance of Harriet Harman, was "Labour's biggest idea for 11 years. A public-sector duty to close the gap between rich and poor will tackle the class divide in a way that no other policy has... This new duty to narrow the gap would permeate every aspect of government policy. Its possible ramifications are mind-bogglingly immense." One cabinet member described it as "socialism in one clause".[12] This part of the legislation was never brought into force, except for Scottish devolved authorities.[13] [14] Sections 104–105 of the Act extend until 2030 the exemption from sex discrimination law, which allows political parties to create all-women shortlists.[15] The exemption was previously permitted by the Sex Discrimination (Election Candidates) Act 2002.
The parliamentary process was completed, following a debate, shortly after 11 pm on 6 April 2010, when amendments by the House of Lords were accepted in full.[16]
Debate
Reform of the monarchy
In April 2008,
However, later in 2008, the Attorney General
Opposition by Roman Catholic bishops
Although the act was never going to change the law with regard to churches from its existing position, nor change the binding European Union law which covers many more Roman Catholics than those living in the United Kingdom, and although the position had been spelled out in the High Court in
Exempt occupations
This section needs additional citations for verification. (December 2017) |
Certain employment is exempted from the Act, including:
- rabbis, and ministers of religion.
- Actors and models in the film, television and fashion industries (a British Chinese actress for a specific role, for instance).
- Special employment training programmes aimed at young adults, the long-term unemployed, or people with physical or learning disabilities.
- Employment where there are cultural sensitivities (such as a documentary where male victims of domestic violence need to be interviewed by a male researcher, or a gay men's domestic violence helpline).
- Where safety or operational efficiency could be jeopardised.
- Political parties who use 'protected characteristics' (age, race, religion, sex, sexual orientation)[24] as candidate selection criteria; however, these "Selection arrangements do not include short-listing only such persons as have a particular protected characteristic",[25] other than sex,[26] which may still be used to prejudice selection in some circumstances (e.g. all-women/all-men shortlists).
- Local support staff who work in embassies and high commissions, by virtue of diplomatic immunity.
- Where national security could be jeopardised.
Contents
- Part 1 Socio-economic inequalities
- The UK government has indicated its intention not to bring Part 1 into force with respect to UK public authorities.[27]
- However, the Scottish government has brought this section into force with respect to devolved Scottish authorities. It came into force for these authorities on 1 April 2018,[28][29] with the legal requirements placed on these authorities by this part of the Act being referred to by the Scottish government as the Fairer Scotland Duty.[30]
- The Welsh government also has the power to bring this section into force with respect to devolved Welsh authorities, but has not yet done so.
- Part 2 Equality: key concepts
- Part 3 Services and public functions
- Part 4 Premises
- Part 5 Work
- Part 6 Education
- Chapter 1 Schools
- Chapter 2 Further and higher education
- Chapter 3 General qualifications bodies
- Chapter 4 Miscellaneous
- Part 7 Associations
- Part 8 Prohibited conduct: ancillary
- Part 9 Enforcement
- Chapter 1 Introductory
- Chapter 2 Civil courts
- Chapter 3 Employment tribunals
- Chapter 4 Equality of terms
- Chapter 5 Miscellaneous
- Part 10 Contracts, etc.
- Part 11 Advancement of equality
- Chapter 1 Public sector equality duty
- Chapter 2 Positive action
- Part 12 Disabled persons: transport
- Chapter 1 Taxis etc.
- Chapter 2 Public service vehicles
- Chapter 3 Rail vehicles
- Chapter 4 Supplementary
- Part 13 Disability: miscellaneous[37]
- Part 14 General exceptions[38]
- Part 15 General and miscellaneous
Public sector equality duty
The duty set out in section 149 requires those public authorities which are subject to it to have due regard to three aims:
- to eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited under the Act,
- to advance equality of opportunitybetween people who share a protected characteristic and those who do not, and
- to foster good relations between those who share a protected characteristic and those who do not.[1]: Section 149
The Cabinet Office's Information Note 1/13, "Public Procurement and the Public Sector Equality Duty", noted that public authorities needed to have due regard to this duty when planning and undertaking procurement activities, stating in particular that when contracting out public functions, it would be usual to include contract conditions which specified how equality obligations and objectives were to be complied with.[39]
Equality Act 2010 (Specific Duties) Regulations
The Equality Act 2010 (Specific Duties) Regulations 2011 (SI 2011–2260), made on 9 September 2011,[40] required public authorities to publish information to demonstrate their compliance with the public sector equality duty and to identify one or more objectives which they thought they should work to achieve.[41]
Legal challenges
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In 2020, certain groups attempted to legally challenge the EHRC's Code of Practice on "Services, Public Functions and Associations", which attempts to provide practical guidance on implementing the Equality Act, concerning the advice that service providers should in general treat trans people as their acquired gender. The challenge failed to get a hearing before the High Court of Justice, because the justice did not consider the case to be arguable.[42]
See also
- UK employment equality law
- Equality Impact Assessment
- Mandla v Dowell-Lee
- Gender Recognition Act
Notes
- ^ a b "Equality Act 2010". The National Archives. Retrieved 22 September 2016.
- ^ E McGaughey, A Casebook on Labour Law (Hart 2019) chs 12–14. S Deakin and G Morris, Labour Law (Hart 2012) ch 6. 'Equality Act 2010 Explanatory Notes/Introduction/Background and summary'
- EU Directive 2000/78/EC, 2000/43/EC, 2006/54/EC
- ^ "Race discrimination". Equality and Human Rights Commission.
- ^ What is race discrimination? – Equality law: discrimination explained. Equality and Human Rights Commission. 29 May 2018. Archived from the original on 21 December 2021 – via YouTube.
- ^ "Your rights under the Equality Act 2010". Equality and Human Rights Commission.
- ^ "Non-discrimination". European Commission.
- ^ Equality Act, schedule 3, part 7, para 28.
- ^ Equality Act, s.217.
- ^ "Discrimination Law Review (DLR)". Government Equalities Office. Archived from the original on 20 March 2008. Retrieved 18 May 2008.
- Equality Act (Sexual Orientation) Regulations
- ^ guardian.co.uk: "Harman's law is Labour's biggest idea for 11 years" (Toynbee) 13 January 2009
- ^ "10th Anniversary of the Equality Act (2010) – What does it mean?". 30 September 2020.
- ^ "About the Duty". Scottish Government. Retrieved 14 August 2019.
- ISBN 9780108509728. Retrieved 15 May 2018.
- ^ See the debate in Hansard HC vol 508 cols 927–942 (6 April 2010)
- ^ "Move to change succession laws". BBC. 20 April 2008. Retrieved 21 April 2008.
- ^ Andrew Pierce (29 April 2008). "U-turn on royal succession law change". The Telegraph. London. Archived from the original on 6 July 2008.
- ^ [2004] EWHC 860 (Admin)
- ^ a b English, Welsh bishops say Equality Bill redefines who can be priest[permanent dead link]
- ^ "Equality Bill redefines who can be priest: UK Bishops". Cathnews.com. 10 December 2009. Archived from the original on 3 January 2010. Retrieved 3 June 2010.
- ^ "Myth-Busting: the Equality Bill and Religion" (PDF). Government Equalities Office. Archived from the original (PDF) on 13 October 2010. Retrieved 10 January 2010. In the case of Ministers of Religion and other jobs which exist to promote and represent religion, the Bill recognises that a church may need to impose requirements regarding sexual orientation, sex, marriage and civil partnership or gender reassignment if it is necessary to comply with its teachings or the strongly held beliefs of followers. However, it would not be right to permit such requirements across all jobs within organised religions, such as administrators and accountants, and the Equality Bill makes this clear.
- ^ UK Government attacked over Equality Bill
- ^ "Protected characteristics". Equality and Human Rights Commission. Retrieved 30 January 2018.
- ^ "Equality Act 2010". legislation.gov.uk. Retrieved 30 January 2018.
- ^ "Sex discrimination". Equality and Human Rights Commission. Retrieved 30 January 2018.
- ^ "Equality Act provisions: commencement dates". Government Equalities Office and Equality and Human Rights Commission. Retrieved 14 August 2019.
- ^ "The Equality Act 2010 (Commencement No. 13) (Scotland) Order 2017". Legislation.gov.uk. Retrieved 14 August 2019.
- ^ "The Equality Act 2010 (Authorities subject to the Socio-economic Inequality Duty) (Scotland) Regulations 2018". Legislation.gov.uk. Retrieved 14 August 2019.
- ^ "About the Duty". Scottish Government. Retrieved 14 August 2019.
- ^ age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation
- ^ s 13 direct discrimination, s 14 discrimination arising from disability, s 15 gender reassignment discrimination: cases of absence from work, s 16 pregnancy and maternity discrimination: non-work cases, s 17 pregnancy and maternity discrimination: work cases, s 18 indirect discrimination; Adjustments for disabled persons: s 19 duty to make adjustments, s 20 failure to comply with duty, s 21 regulations, s 22 comparison by reference to circumstances, s 23 references to particular strands of discrimination, s 24 harassment, s 25 victimisation
- ^ Employees: s 36 Employees and applicants, s 37 Employees and applicants: harassment, s 38 contract workers; Police officers: s 39 identity of employer, s 40 interpretation; Partners: s 41, partnerships, s 42 limited liability partnerships, s 43 interpretation; The Bar: s 44 barristers, s 45 advocates; Office holders: s 46 personal offices, s 47 public offices: appointments, etc, s 48 public offices: recommendations for appointments, etc., s 49 interpretation and exceptions; Qualifications: s 50 qualification bodies, s 51 interpretation; Employment services: s 52 employment service providers, s 53 interpretation; Trade organisations: s 54 trade organisations; Local authority members: s 55 official business of members, s 56 interpretation
- ^ s 57 Non-discrimination rule, s 58 Communications
- maternity equality: s 67 Relevant types of work, s 68 Maternity equality clause, s 69 Maternity equality clause: pay, s 70 Maternity equality rule, s 71 Exclusion of pregnancy and maternity discrimination provisions; Disclosure of information: s 72 Discussions with colleagues, s 73 Gender pay gapinformation; Supplementary: s 74 Colleagues, s 75 Interpretation and exceptions
- ^ s 76 Ships and hovercraft, s 77 Offshore work, s 78 Interpretation and exceptions
- ^ s 182, reasonable adjustments; s 183 improvements to let dwelling houses
- ^ statutory provisions, national security, charities, sport, general, age
- ^ Cabinet Office, Procurement Policy Note – Public Procurement and the Public Sector Equality Duty: Information Note 01/13 28 January 2013, accessed 11 February 2021
- ^ UK Legislation, Equality Act 2010 (Specific Duties) Regulations: Introduction, accessed 11 February 2021
- ^ Equality Act 2010 (Specific Duties) Regulations: Explanatory Note, accessed 11 February 2021
- BAILII. Retrieved 15 August 2021.
References
- E. McGaughey, A Casebook on Labour Law (Hart 2019) chs 12–14
- S. Deakin and G. Morris, Labour Law (Hart 2012) ch 6
- Polly Toynbee, 'Harman's law is Labour's biggest idea for 11 years' (13 January 2009) The Guardian
External links
- What is the Equality Act? Archived 22 June 2015 at the Wayback Machine – Equality and Human Rights Commission
- Framework For a Fairer Future Archived 8 June 2011 at the Wayback Machine – Government Equalities Office
- "Proposals for a Single Equality Bill for Great Britain". Communities and Local Government website. 4 September 2023.
- Parliament page for the progress of the Bill
- Government Equalities Office page on the Equality Bill Archived 10 July 2011 at the Wayback Machine
- Equality Act Guidance, updated 8 March 2013
- Image of the Act on the UK Parliamentary website