Equality Act helps Employees and widens scope of discrimination law

Equality Act 2010

Brings in new rights for employees, namely disability discrimination rights, and rights for people who are discriminated against indirectly, such as carers who look after elderly parents or who are affected by bullying at work.

Allowing offensive jokes about disability, sex and gender reassignment at work or criticising dyslexics will leave employers facing substantial claims.

The old discrimination legislation protected employees who are discriminated against on the ground of a protected characteristic, including sex, disability, race, religion or belief, sexual orientation and age, the level of protection available varied.

The new law introduces much wider protection for many employees, and enables employees to bring discrimination and harassment claims based on a third party’s protected characteristic.

If a colleague tells a joke at work about disability, which an employee finds offensive, regardless of whether he or she is disabled, an employee can under the Equality Act bring a harassment claim against the employer.

If a person has caring responsibilities outside work for a disabled or elderly relative and is overlooked for promotion on an assumption that he or she will not be as focused on the role, the employee can now bring a disability or age-discrimination claim based on the association with that individual, even though not disabled or elderly himself.

The new law also makes it harder to dismiss people suffering from depression of sufficient severity to qualify as a disability. Also it is unlawful (except in certain prescribed circumstances) for employers to ask about a candidate’s health before offering him or her work;

Secrecy clauses in contracts are unenforceable where they relate to an employee sharing information about pay.

The new law introduces direct disability discrimination, so that employers must objectively justify rules or requirements that disadvantage disabled people.

The new law makes employers liable for persistent harassment of employees by third parties.

If you have been discriminated against in the workplace on grounds of gender, race, disability and sexual orientation, consult the employment experts – Call us on 020 7381 8111  or email [email protected]