Appendix A - Summary of legislation
Equality Act 2010
The Equality Act 2010 came into force on 1 October 2010. The purpose of the Equality Act 2010 was to simplify existing discrimination legislation and create a more consistent and effective framework, while at the same time extending discrimination protection.
The Act defines direct discrimination as less favourable treatment because of a protected characteristic. The protected characteristics under the Equality Act 2010 are:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex, and
- sexual orientation.
The Act makes it unlawful to discriminate directly or indirectly, or harass customers or clients because of the protected characteristics in the provision goods and services.
Discrimination after employment may also be unlawful, eg refusing to give a reference for a reason related to one of the protected characteristics.
Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.
Employers will be liable for acts of unlawful discrimination committed by their employees against other employees or customers in the course of their employment unless they can show that they took such steps as were reasonably practicable to prevent those acts. There is no limit on compensation for unlawful discrimination, which includes compensation for injury to feelings and personal injury.
Employers may take positive action in the form of proportionate measures to encourage or train people from an under-represented group to apply for jobs, overcome a perceived disadvantage or meet specific needs based on a protected characteristic.
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Human Rights Act 1998
This Act incorporates the principals of the European Convention on Human Rights (1953). The Articles of the convention that are most likely to impact on employment are:
- Prohibition of forced labour and slavery
- The right to a free trial
- The right to privacy and respect for family life
- Freedom of thought, conscience and religion
- Freedom of expression
- Freedom of assembly and association
- Prohibition of discrimination
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Data Protection Act 1998
This Act outlines eight principles governing the processing of personal data. It also introduces new restrictions on the holding and processing of ‘sensitive personal data’ such as racial or ethnic origin, political opinions, religious or other beliefs. Individuals can request to see most personal data held on them, and are able to make complaints, seek correction and claim recompense for some infringements to the Act.
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Date Updated: 20/06/11