Equality Act 2010

A new Equality Act came into force on 1 October 2010. The Equality Act brings together over 116 separate pieces of legislation into one single Act. Combined, they make up a new Act that will provide a legal framework to protect the rights of individuals and advance equality of opportunity for all.

The Act simplifies, strengthens and harmonises the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.

The nine main pieces of legislation that have merged are:

  • the Equal Pay Act 1970
  • the Sex Discrimination Act 1975
  • the Race Relations Act 1976
  • the Disability Discrimination Act 1995
  • the Employment Equality (Religion or Belief) Regulations 2003
  • the Employment Equality (Sexual Orientation) Regulations 2003
  • the Employment Equality (Age) Regulations 2006
  • the Equality Act 2006, Part 2
  • the Equality Act (Sexual Orientation) Regulations 2007

What has changed?

The new Equality Duty replaces the three previous public sector equality duties – for race, disability and gender. The new Equality Duty covers the following protected characteristics:

• age

• disability

• gender reassignment

• pregnancy and maternity

• race – this includes ethnic or national origins, colour or nationality

• religion or belief – this includes lack of belief

• sex /gender

• sexual orientation

It also applies to marriage and civil partnership, but only in respect of the requirement to have due regard to the need to eliminate discrimination.

The new Equality Duty is designed to reduce bureaucracy while ensuring public bodies play their part in making society fairer by tackling discrimination and providing equality of opportunity for all.

The Equality Duty is a duty on public bodies and others carrying out public functions. It ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, in delivering services, and in relation to their own employees.

The new Equality Duty supports good decision making – it encourages public bodies to understand how different people will be affected by their activities so that policies and services are appropriate and accessible to all and meet different people’s needs. By understanding the effect of their activities on different people, and how inclusive public services can support and open up people’s opportunities, public bodies are better placed to deliver policies and services that are efficient and effective. The Equality Duty therefore helps public bodies to deliver the Government’s overall objectives for public services.

The Equality Duty has three aims. It requires public bodies to have due regard to the need to:

• eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act;

• advance equality of opportunity between people who share a protected characteristic and people who do not share it; and

• foster good relations between people who share a protected characteristic and people who do not share it.

Having due regard means consciously thinking about the three aims of the Equality Duty as part of the process of decision-making. This means that consideration of equality issues must influence the decisions reached by public bodies – such as in how they act as employers; how they develop, evaluate and review policy; how they design, deliver and evaluate services, and how they commission and procure from others.

Having due regard to the need to advance equality of opportunity involves considering the need to:

• remove or minimise disadvantages suffered by people due to their protected characteristics;

• meet the needs of people with protected characteristics; and

• encourage people with protected characteristics to participate in public life or in other activities where their participation is low.

Broader context

Organisations are increasingly required to demonstrate how outcomes will be measured and inequalities removed; in particular, how they will assess the impact of policies, strategies and action plans on the local population or workforce.

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