The Equality Act 2010 came into force on the 1st October 2010 and repeals or revokes previous regulations or legislation governing anti discrimination law. Its introduction is with a view to ‘harmonising’ the existing law rather than materially changing its provisions.
The new legislation introduces the concept of ‘protected characteristics’ which include age, disability, sex, sexual orientation, race, religion or belief, gender reassignment, marriage and civil partnership, pregnancy and maternity.
The legislation now focuses on the protected characteristic rather than the protected person with the result that what now matters is whether the less favourable treatment is because of a protected characteristic. It is not now a case of whether the recipient of this less favourable treatment is the one possessing the protected characteristic.
A particular point of interest to employers includes pre-employment health questionnaires. The common practice of asking job applicants to complete a health questionnaire as part of the job interview process may now be unwise. Whilst asking health related questions about the job applicant’s health is not unlawful discrimination, anything the employer does in reliance upon the information given might be. Asking health related questions may also lead to an investigation by the Equality and Human Rights Commission.
For further information contact De Marco Hunter Solicitors
