Since the new equality Act came into force last October employers have had to cope with:
• Harmonised definitions
• Claims on the basis of combined discrimination
• Restoration of the disability related discrimination concept
• Introduction of indirect disability discrimination
• Precluded pre-employment health questionnaire
• Employment Tribunals that can make recommendations that benefit the wider workforce
and new terms such as protected characteristics:
• Age
• Disability
• Race
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Religion or belief
• Sex
• Sexual orientation
There have also been new concepts to understand:
• Discrimination by perception
Where someone thinks a person has a particular protected characteristic whether or not they do
• Discrimination by association
Where a person is associated with someone who has a particular protected characteristic
· Combination claims
When someone is discriminated against because of a combination of two protected characteristics (21 possible combinations)
· Strengthened disability discrimination
as it is easier for an employee to qualify as disabled
Training:
Employers need to train their workforce and explain what actions they must take to ensure that they comply with the new legislation. If not they will have little defence/evidence at Employment Tribunal to demonstrate that they have done all in their power to ensure that they have reduced the risk of discrimination in the workplace!
The above is intended to provide opinion and not advice. Before you implement any decision based on this information please contact us at: http://www.strategichrsupport.co.uk/.
© 2011 Strategic HR Support Ltd
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Published by Strategic HR Support Ltd, 61 Weston Road, Edith Weston Road, Edith Weston, Rutland, LE15 8HQ Tel 01780 721574
www.strategichrsupport.co.uk
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