The Equality Act 2010 is a cornerstone of UK employment law, providing a unified legal framework that protects employees from discrimination, harassment, and victimisation. For employers, understanding and complying with the Act is crucial to creating an inclusive workplace in which all staff feel valued and are treated with dignity. This guide offers a look at the Equality Act’s implications for employers, outlining key responsibilities and best practices for promoting equality in the workplace.
What is the Equality Act 2010?
The Equality Act 2010 brings together over 100 separate pieces of anti-discrimination legislation into one comprehensive law. Its primary aim is to protect individuals from discrimination based on what it calls protected characteristics. The Act applies across a wide range of sectors, including employment, education, and access to public services.
There are nine protected characteristics under the Act:
1. Age
2. Disability
3. Gender reassignment
4. Marriage and civil partnership
5. Pregnancy and maternity
6. Race
7. Religion or belief
8. Sex
9. Sexual orientation
Why Employers Should Care About the Equality Act
Complying with the Equality Act is not just a legal obligation but also a major step towards developing a diverse workforce and all the benefits that can bring to a business. According to a raft of data published in a report by PWC, which makes a compelling case for diversity in the workplace, organisations with greater gender diversity are 1.4 times more likely to have sustained, profitable growth. On the other hand failing to comply with the Act could result in employees bringing employment tribunal claims for discrimination which can lead to pay outs which in the worst case scenarios can run into millions or pounds, plus the associated reputational damage. The cost of defending such claims is also significant due to legal fees and lost management time.
Responsibilities Under the Equality Act
Employers must ensure that they do not discriminate against employees or job applicants based on any of the nine protected characteristics. This obligation covers all stages of the employee lifecycle, from recruitment to termination. Here are the core responsibilities employers must adhere to:
Avoid Direct and Indirect Discrimination
- Direct discrimination occurs when an employee or job applicant is treated less favourably because of a protected characteristic. For instance, refusing to hire someone because of their race or gender would be an example of direct discrimination.
- Indirect discrimination happens when a policy or practice, though applied to everyone, disproportionately impacts individuals with a specific characteristic. For example, requiring all employees to work full-time could disproportionately affect women, who are more likely to work part-time due to childcare responsibilities.
Provide Reasonable Adjustments for Disabled Employees
Under the Act, employers are required to make reasonable adjustments to remove or reduce disadvantages experienced by disabled employees. These adjustments can include:
- Modifying workstations or equipment
- Offering flexible working hours
- Adjusting performance targets or workloads
Prevent Harassment and Victimisation
Employers have a duty to protect employees from harassment related to any protected characteristic. Harassment includes unwanted conduct that violates an employee’s dignity or creates an intimidating, hostile, degrading, or offensive working environment. Common forms of harassment include racial slurs, sexist jokes, or bullying related to a protected characteristic.
Victimisation occurs when an employee is treated less favourably because they have made or supported a complaint under the Equality Act. Employers should have clear procedures in place for handling complaints and ensure that employees who raise concerns are not subjected to retaliation.
From 26 October 2024 the Worker Protection (Amendment of Equality Act 2010) Act 2023 will also come into force which will introduce a new duty for employers to take ‘reasonable steps’ to prevent sexual harassment at work. Employers should not wait until an incident occurs before taking action. Instead, they must anticipate scenarios where sexual harassment is a risk and take action to prevent sexual harassment from happening in the first place. This might include risk assessments, having a specific sexual harassment policy, training for all staff and establishing clear channels for reporting concerns.
Recruitment and Promotion
Employers must ensure that recruitment processes are fair and inclusive. This includes:
- Avoiding discriminatory language in job adverts
- Ensuring selection criteria are objective and relevant to the role
- Training staff involved in recruitment to prevent unconscious bias
If an employer decides not to promote an employee due to a protected characteristic this could also lead to a direct discrimination claim.
Monitoring and Reviewing Practices
Employers should regularly review their workplace policies and practices to ensure compliance with the Equality Act. This can include:
- Conducting equality impact assessments to identify any potential discriminatory effects of workplace policies.
- Implementing specific training to educate staff on the importance of equality and the impact of unconscious bias.
- Monitoring recruitment, retention, and promotion data to identify any disparities.
The Equality Act 2010 is a key piece of legislation that every employer must understand and comply with, it is not a tick box exercise and token gestures are not enough. Employers should commit to embracing equality, diversity and inclusion in the workplace and if they are unsure of their responsibilities they should seek professional advice, guidance and support.
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Why not also check out our blog on a similar topic The Importance of Diversity in the Workplace
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