Pictured above: Simon Bond

The 1st October 2010 marks the introduction of the core provisions of the new Equality Act 2010 which will simplify and bring together existing pieces of discrimination legislation but carries a huge potential impact on all employers and service providers.

Employment lawyer Simon Bond, a partner at Midlands law firm Challinors, explains the Act brings with it new duties, responsibilities and policy initiatives that will affect all employers, who should take immediate action to avoid future problems:

"The Equality Act 2010 is a major piece of legislation which will affect all employers and service providers in relation to matters of discrimination, equality and diversity. It contains new duties, responsibilities and policy initiatives with the aim of simplifying and bringing together the existing pieces of discrimination legislation. 

"The Act outlaws discrimination on a number of grounds - notably age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation. These grounds are described as 'protected characteristics'.

"The Act retains existing concepts of direct and indirect discrimination as well as discrimination through harassment and victimisation. However, amongst the new provisions being introduced are some key areas which employers should in the least take note of, but certainly make provision to act upon.

"These provisions include discrimination because someone is thought to have a protected characteristic - known as discrimination by perception - or because they associate with someone who has a protected characteristic, described as discrimination by association.

"The Act's new 'dual discrimination clauses' mean that claims can be brought under the Act in relation to a combination of protected characteristics such as a claim by a black lesbian or by an older disabled worker.

"Disabled workers will gain additional protection in a number of ways; the Act makes provision for discrimination involving one person discriminating against a disabled person by treating them unfavourably because of something arising in consequence of their disability and the treatment cannot be justified. In addition to an employer's duty to make reasonable adjustments, disabled employees will have the right to reasonable auxiliary aids which remove substantial disadvantages in the workplace.

"In addition, the Equality Act 2010 sets out a limited right for employers to voluntarily take 'positive action' to recruit persons from under-represented groups or to meet the needs of such individuals.

"Recruitment policies will only be able to include pre-employment health checks or health related questions in application forms in certain defined situations such as if there is a case for the employer deciding whether an applicant can perform tasks essential to the job.

"Finally, from April 2013 it is anticipated that private sector employers with 250 or more staff will be required to publish differences in pay between male and female employees."

As a member of the Employment Law Committee of England and Wales, Simon Bond is to make a series of presentations across the UK about The Equality Act 2010, in order to update employers on the impact of the new legislation. For more information, contact Simon Bond, Tel: 0121 204 2632.

Challinors has offices in Birmingham, West Bromwich, Wolverhampton, Halesowen and Nottingham. The firm has 24 partners and over 100 fee earners, and is ranked as one of the top legal firms in the West Midlands, being Number 1 in the Chambers UK Directory in a number of categories, including Clinical Negligence.