Equality Act
The Equality Act brings together over 116 separate pieces of legislation into one single Act. It provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. From recruitment health questionnaires to dismissal disputes, this Act governs every stage of the employment lifecycle.
Equality Act
Equal Opportunities in the Workplace
The Equality Act legally protects people from discrimination in the workplace and in wider society. Recognising equal opportunities is not just about compliance; it is about ensuring fair treatment for everyone.
The Scope
The Protected Characteristics
It is against the law to discriminate against anyone because of these nine characteristics:
Age
Disability
Gender Reassignment
Marriage & Civil Partnership
Pregnancy & Maternity
Race
Religion or Belief
Sex
Sexual Orientation
Definitions
Forms of Discrimination
Discrimination is not always obvious. The Act addresses four distinct types:
Direct Discrimination
When someone is treated less favourably than another person because of a protected characteristic they have, are thought to have, or are associated with someone who has it.
Associative Discrimination
When someone is treated less favourably than another person because of a protected characteristic they have, are thought to have, or are associated with someone who has it.
Perceptive Discrimination
Direct discrimination against an individual because others think they possess a particular protected characteristic, even if they don’t (e.g., assuming someone’s religion).
Indirect Discrimination
When a company has a rule, policy, or practice that applies to everyone but particularly disadvantages someone with a protected characteristic.(Can only be justified if it is a proportionate means of achieving a legitimate aim).
Prohibited Conduct
Harassment & Restrictions
The Act also covers behaviour that violates dignity or creates a hostile environment.
Harassment
Direct discrimination against an individual because others think they possess a particular protected characteristic, even if they don’t (e.g., assuming someone’s religion).
Third Party Harassment
Employers are potentially liable for harassment of their employees by third parties (e.g., customers/suppliers). Liability arises if the harassment has occurred on two occasions, you are aware of it, and have taken no action to stop it.
Victimisation
Occurs when an employee is treated badly because they have supported or raised a grievance under the Equality Act. (Protection does not apply if the complaint was malicious or untrue).
Pre-employment Health Questionnaires
These are generally no longer permitted before a job offer. Exceptions exist only if a function is intrinsic to the job or to determine reasonable adjustments. You can make a job offer conditional on a satisfactory questionnaire, but you cannot use it to weed people out beforehand
Compliance Check
What Can You Do?
Review your policies and procedures to ensure you comply. Ensure all staff and where appropriate, suppliers and customers are aware of your responsibilities.
Note: Complex areas such as equal pay, positive action, and pay secrecy require expert guidance.
Recommended Further Information
We help SMEs in Finchley, London, and the Home Counties navigate the Equality Act to ensure equal opportunities and prevent discrimination claims.