The Equality Act 2010 - Acas

1 The Equality Act 2010 guidance for employersWe inform, advise, train and work with youEvery year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s employment relations issues such as discipline and grievance handling, preventing discrimination and communicating effectively in workplaces. Make the most of our practical experience for your organisation find out what we can do for informWe answer your questions, give you the facts you need and talk through your options. You can then make informed decisions. Contact us to keep on top of what employment rights legislation means in practice before it gets on top of you.

2 Call our helpline 0300 123 11 00 for free confidential advice (open 8am-8pm, Monday to Friday and 9am-1pm Saturday) or visit our website advise and guideWe give you practical know-how on setting up and keeping good relations in your organisation. Download one of our helpful publications from our website or call our Customer Services Team on 0300 123 11 50 and ask to be put you in touch with your local Acas trainFrom a two-hour session on the key points of new legislation or employing people to courses specially designed for people in your organisation, we offer training to suit you. Go to to find out work with youWe offer hands-on practical help and support to tackle issues in your business with you.

3 This might be through one of our well-known problem-solving services. Or a programme we have worked out together to put your business firmly on track for effective employment relations. You will meet your Acas adviser and discuss exactly what is needed before giving any go-ahead. Go to for more not keep up-to-date with Acas news and notifications by signing up for our popular e-newsletter. Visit AbOuT ThE Equality ACT 20101 Introduction about theEquality Act 2010 This guide covers the provisions of the Equality Act which became law in October 2010 . As an employer, your obligations remain largely the same. The Act harmonises and replaces previous legislation (such as the race relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what you need to do to make your workplace a fair environment and to comply with the Equality Act covers the same groups that were protected by existing Equality legislation age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity.

4 These are now called protected characteristics and are described on pages 5-7 of this Act extends some protections to characteristics that were not previously covered, and also strengthens particular aspects of Equality law. As a result, you may need to review and change some of your policies and practices. This guide will help you to identify where you need to take Equality ACT 2010 GUIDANCE FOR EMPLOYERS2 Types of discrimination:definitionsDirect discriminationDirect discrimination occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have (see perception discrimination below), or because they associate with someone who has a protected characteristic (see discrimination by association below).

5 Annex 1 contains an example of direct by associationApplies to age, race, religion or belief, sexual orientation, disability, gender reassignment, and sex. This is direct discrimination against someone because they associate with another person who possesses a protected characteristic. See Annex 1 for an example of discrimination by discriminationApplies to age, race, religion or belief, sexual orientation, disability, gender reassignment, and sex. This is direct discrimination against an individual because others think they possess a particular protected characteristic. It applies even if the person does not actually possess that characteristic. See Annex 1 for an example of perception discriminationApplies to age, race, religion or belief, sex, sexual orientation, marriage and civil partnership, disability and gender reassignment.

6 Indirect discrimination can occur when you have a condition, rule, policy or even a practice in your company that applies to everyone but particularly disadvantages people who share a protected characteristic. Indirect discrimination can be justified if you can show that you acted reasonably in managing your business, ie that it is a proportionate means of achieving a legitimate aim . A legitimate aim might be any lawful decision you make in running your business or organisation, but if there is a discriminatory effect, the sole aim of reducing costs is likely to be OF DISCrIMInATIOn: DEFInITIOnS3being proportionate really means being fair and reasonable, including showing that you ve looked at less discriminatory alternatives to any decision you make.

7 Annex 1 contains an example of indirect is unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual .harassment applies to all protected characteristics except for pregnancy and maternity and marriage and civil partnership. Employees will now be able to complain of behaviour that they find offensive even if it is not directed at them, and the complainant need not possess the relevant characteristic themselves. Employees are also protected from harassment because of perception and association (see page 3).

8 See Annex 1 for some examples of by othersApplies to age, disability, gender reassignment, race, religion or belief, sex, and sexual Equality Act makes you potentially liable for harassment of your employees by people who are not employees of your company, such as customers or clients. You may be liable when you are aware that harassment has taken place, and have not taken reasonable steps to prevent it from happening again. See Annex 1 for an example of third party occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act; or because they are suspected of doing so. An employee is not protected from victimisation if they have maliciously made or supported an untrue complainant will not need to compare their treatment with that of a person who has not made or supported a claim under the Act.

9 See Annex 1 for an example of Equality ACT 2010 GUIDANCE FOR EMPLOYERS4 The ProtectedCharacteristics: key points Age Disability Gender reassignment Marriage and Civil Partnership Pregnancy and Maternity race religion or belief Sex Sexual OrientationAgeThe Act protects people of all ages. however, different treatment because of age is not unlawful direct or indirect discrimination if you can justify it, ie if you can demonstrate that it is a proportionate means of meeting a legitimate aim. Age is the only protected characteristic that allows employers to justify direct Act has made it easier for a person to show that they are disabled and protected from disability discrimination.

10 Under the Act, a person is disabled if they have a physical or mental impairment which has a substantial and long- term adverse effect on their ability to carry out normal day-to-day activities, which would include things like using a telephone, reading a book or using public PrOTECTED ChArACTErISTICS: kEY POInTS5 The Act puts a duty on you as an employer to make reasonable adjustments for your staff to help them overcome disadvantage resulting from an impairment (eg by providing assistive technologies to help visually impaired staff use computers effectively).The Act includes protection from discrimination arising from disability. This states that it is discrimination to treat a disabled person unfavourably because of something connected with their disability (eg a tendency to make spelling mistakes arising from dyslexia).