Equality Act 2010 Provisions Come Into Force & Minimum Wage Increases Today

Originally published 1 October, 2010

The Equality Act 2010 is likely to be one of the most influential pieces of legislation for years. 90% of its provisions have come into force today. Its goal is to "rationalise" and "strengthen" existing equality legislation.

The Act combines and consolidates previous legislation, designed to protect individuals against certain types of discrimination, where they have a 'protected characteristic.' The characteristics are:

Age Disability Gender Re-assignment Race Religion or Belief Sex Sexual Orientation Marriage & Civil Partnership Pregnancy and Maternity There are no new characteristics, but the requirement that an individual undergoing Gender Re-assignment must be under medical supervision in order to attract protection from discrimination is removed.

The provisions that have been given effect today include new, wider definitions of direct discrimination (which includes discrimination based on the perception of an individual, and by reason of association with a person with a protected characteristic); and extend indirect discrimination to the protected characteristic of disability.

The Act provides that a disabled person cannot be treated unfavourably because of something arising from their disability without justification. This is a wider test than the previous "disability related discrimination", and it is likely to be easier for an employee to show disadvantage.

The duty to make reasonable adjustments to prevent a provision, criterion or practice or physical feature putting a disabled person at a substantial disadvantage continues to apply.

Protection from 3rd party harassment has been extended to apply to all the protected characteristics; where previously it had applied to sex.

Positive action by employers in order to meet the legitimate aim of counteracting disadvantage caused to a particular protected group in a proportionate manner is specifically permitted.

Some provisions which have not been given effect today...