Diversity Action

Legislation

Is your organisation meeting its obligations and operating within the law?

The Equality Act 2010

The first stages of the Equality Act 2010 were implemented from 1 October 2010. The main aim of the act is to bring together a number of existing laws in order to make things simpler and more understandable.

A new integrated public sector duty was introduced as part of the act on 5 April 2011.

The act lists a number of “protected characteristics” and it is unlawful to discriminate against, harass or victimise any person who has, or is perceived to have, a protected characteristic. These are:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion and belief
• Sex
• Sexual orientation

Organisations that have responsibilities under the act include: public sector organisations e.g. NHS Trusts, councils, fire and ambulance services; government departments; employers; service providers; education establishments; transport providers and providers of public functions.

Remember that both individuals and organisations can be named when alleging discrimination. At tribunal both could be found to be liable.

Other legislation that is still relevant to the equality, diversity and human rights context includes:

• Gender Recognition Act 2004
• Mental Capacity Act 2005
• Mental Health Act 2007 (amends 1983 Act)
• Human Rights Act 1998
• Data Protection Act 1998