The Equality Bill: Key Points for Employers

The Equality Bill is set to become law from October 2010 and is intended to replace existing equality laws with one law to make it simpler for employers and employees to understand.  It covers race, gender, disability, age, sexual orientation, religion or belief, pregnancy and gender reassignment.

Below are listed some key points employers should be aware of and may need to prepare for:-

Employers will be prevented from asking questions about job applicants’ health that are unrelated to the job role.  It does not stop employers asking if reasonable adjustments need to be made for interviews and/or the job itself.  Job candidates with disabilities or medical conditions will not have to disclose these unless they require reasonable adjustments to do the job.

The law on direct discrimination will be extended to include discrimination by association so employers may have to update employee handbooks to ensure employees are aware that they cannot discriminate against another employee or client with e.g. caring responsibilities for a disabled relative.

This includes beliefs that:-

•         are genuinely held;

•         are beliefs and not an opinion or viewpoint;

•         are beliefs as to a weighty and substantial aspect of human life and behaviour;

•         attain a level of cogency, seriousness, cohesion and importance;

•         are worthy of respect in a democratic society;

•         are not incompatible with human dignity and do not conflict with the fundamental rights of others.

This could include atheists, or a belief in climate change but would exclude any beliefs that are racist, sexist or homophobic. 

Caste discrimination will also be outlawed.

These will be outlawed so employers will not be able to prevent employees discussing pay structures.

Where job candidates are of equal suitability, the employer will be able to favour under-represented groups during recruitment.  For example if a man and woman who are equally suitable apply for a job within a team made of mostly female staff, the employer can favour the man’s application.  This can also be used for employers to create a workforce that reflects the ethnic diversity of the location where the employment is based.  This can only be done where job candidates are of equal suitability.

Employment Tribunals will have powers to order employers found to have discriminated against a single employee to make sweeping changes to their recruitment and pay practices.  Currently Employment Tribunals can only offer recommendations to the individual employee bringing a tribunal claim and cannot order employers to alter employment practices which led to the claim being made.

The Equality Act also makes it possible for the government to require all employers with more that 250 employees to make equal pay audits from 2013.  The Equality and Human Rights Commission will develop a set of criteria for these audits and will monitor progress.  However, these will be subject to implementation through further regulation so may be changed or discarded.

If you have any questions on the Equality Bill and how it may affect recruitment or current employment practices, please phone Ashley Hunt, Vaishali Thakerar or Carrie-Ann Randall on 0116 212 1000 now or complete one of the on-line forms.