Equality Act 2010 The impact on sporting clubs, organisations, and individuals

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1 Equality Act 2010 The impact on sporting clubs, organisations, and individuals

2 Brief overview Over the last 30 years many laws (acts) have been introduced to help drive towards a more equal society. The launch of the new Equality Act on 1 October 2010 embedded all the previous acts and legislation into one document, forming the basis of anti-discrimination law in Great Britain. The previous acts and legislation included: Equal Pay Act 1970 Sex Discrimination Act 1975 Race Relations Act 1976 Disability Discrimination Act 1995 There are also three major statutory instruments protecting discrimination in employment on grounds of: religion or belief sexual orientation age For more information on the previous acts please visit: Although previous acts have been repealed, the protected characteristics covered by the Act remain the same.

3 These are: age (this does not apply to those under 18 with regard to the provision of goods and services) disability gender / gender reassignment marriage and civil partnership pregnancy and maternity race religion or belief (including lack of belief) sex sexual orientation Previous legislation dealt with one aspect of discrimination such as race, sex, or disability. Some acts have had additional acts or amendments over time. In addition to merging the previous legislation such as different definitions of direct and indirect discrimination, or concepts of objective justification for example, the Act extends the law in particular areas. This could be providing extra protection for those who are in families of, or caring for disabled people, or those living in areas of deprivation. This resource explains how the Act will change discrimination law and how this will impact upon sports bodies, from National Governing Bodies to community sports clubs. The introduction of the Act is also a good opportunity for sports organisations to review their current policies and practices to identify any steps they should take to improve equality. Barry Horne, Chief Executive of The English Federation of Disability Sport, said: The Equality Act 2010 is a welcome piece of legislation which will allow the sports sector to increase participation by including disabled people in their sport - as a result disabled people will be able to enjoy the wider benefits sport can bring. Whilst this guidance has been provided by NCC, it is meant as outline guidance to the Equality Act 2010 only. Any club, organisation, association, must satisfy itself as to the requirements of the Equality Act 2010 and issues relating to compliance and take its own legal advice where appropriate.

4 Impact on sporting clubs, organisations, and individuals Employers, service providers, and associations (sports clubs) Many obligations relating to employees and workers also apply to those working on a voluntary basis. This must be a consideration for all sporting bodies, and clubs. Almost all sports bodies will be service providers as defined in the Act, although not all sports bodies will be associations. Associations is defined under the Act as a group with over 25 members with rules for admission, and a genuine selection process for prospective members. Organisations where membership is granted solely by paying a membership fee are not necessarily an association under the Act. Associations can be either commercial or not for profit, and may be either incorporated or non-incorporated.

5 Impact on sporting clubs, organisations, and individuals Responsibility under the Act regarding socioeconomic inequalities. When writing strategies/development plans for the future, sports should have a holistic approach, considering how their decisions support representatives from their local community and individuals from the protected characteristics. Plans should include deciding what the objectives and priorities are for that organisation, including spending priorities. If governing bodies or sports clubs receive funding, or are in partnership with public bodies that receive funding, consider how this funding or partnership activities might improve socio-economic inequalities. Aiming High funding for example, is available to clubs from local county councils but is government funded.

6 Discrimination law affecting, sporting organisations, leisure services, and sport clubs Discrimination based on association or perception The Act makes it unlawful to treat a person less favourably because of a protected characteristic. This is a significant extension to previous discrimination by association which applied only to, religion or belief, sexual orientation, and disability. A leisure centre attendant may previously have been treated less favourably because they care for a disabled or elderly relative. They will now be protected by the Act as a result of their association with a person who has the protected characteristic of disability and/or age. Not selecting a team member for a sporting event because their partner was pregnant at the time would be discriminatory under the Act. The new test is also wide enough to protect against discrimination based on perception. A person treated less favourably as they are perceived as gay or lesbian, or of a particular age group will be protected from discrimination regardless of whether or not that perception is correct.

7 Discrimination law affecting, sporting organisations, leisure services, and sport clubs Disability discrimination The new Act has made changes to disability discrimination law. This occurs where a sports organisation, leisure service, or associations treat a person unfavourably due to their disability. It is possible to defend claims of this type by objectively justifying the treatment of the disabled person. It may not be suitable for some people with certain medical conditions to take part in sport. e.g. some people with Downs Syndrome who have atlantoaxial instability are not able to take part in diving or trampolining due to the risk of causing spinal cord compression or dislocation. In all circumstances the requirement to make reasonable adjustments for disabled users, employees, or volunteers will apply. This is unchanged in the Act. The Act introduces a prohibition on asking about the health of a future employee/coach/volunteer before offering them a position unless strictly relevant to the purposes of the role. Any requirement to complete a health screening questionnaire, revealing a disability, may assist that applicant in a future claim for discrimination if the organisation/club cannot show that a valid reason the applicant was not offered the role. In addition to a disabled person making a claim for direct discrimination, the Act now provides protection for parents, guardians, and carers discriminated against because of the person they care for. This is called indirect discrimination.

8 Changes to discrimination law affecting organisations/clubs only Harassment by third parties The Act extends protection from harassment so that an employer (sport and leisure organisation or sports club) will be liable for harassment of a worker by a third party (such as a customer, suppliers, coach, volunteer, parent, or participant) on the basis of the protected characteristics. This will apply where harassment has occurred and the employer/club management/welfare officer has failed to take reasonably practicable steps to stop it. Where a sports club employs an Asian coach, and that coach is subjected to repeated harassment by a member of the club, the club will be liable for the harassment if they do not take steps to prevent it, perhaps, by disciplining or banning the discriminating person.

9 Changes to discrimination law affecting organisations/clubs only Recruitment Positive Action One of the more controversial new provisions of the Act, Positive Action, allows organisations to lawfully choose the candidate with a protected characteristic over another candidate where employees/volunteers who have that protected characteristic are at a disadvantage or are under-represented in the workforce. If two applicants for a coaching position are as qualified as each other, it will be lawful for the employer to choose the woman over the man if there is underrepresentation of women in coaching roles. The Act does not permit organisations to engage in Positive Discrimination by promoting or selecting an applicant from an under-represented group if they are less qualified for a role. There are widespread concerns about the meaning of as qualified in this context. Since taking positive action is at the discretion of organisations, many may choose to avoid the issue until there is clearer guidance.

10 Members and associations Previous acts had restrictions on discrimination of members (present or future) of associations because of their characteristics. These are now extended to all of the protected characteristics covered by the new Act. Prior to the new Act, associations were allowed to treat, men, women, or people of different age groups, differently and offer alternative membership packages for them. This is now unlawful under the Act. Access to tennis courts at a private club may not be limited to men only on the weekends, even if the membership fee for women is lower. A club could introduce cheaper weekday membership, which (while available to all) may be more attractive to women not wishing to play at the weekend. The important point is that weekday membership cannot be limited to women only. It will remain lawful for service providers (and associations in their capacity of providing services to their members) to provide separate services for persons of each sex, to offer different services to persons of each sex, or to offer single-sex services where certain circumstances apply. This will be where it is not as effective to offer the service jointly to men and women and the single sex restriction is objectively justifiable. Changes to discrimination law affecting organisations/clubs only A swimming pool may offer women-only sessions as certain women may feel uncomfortable swimming in front of men. To allow women-only sessions may widen access to facilities for women without disproportionately restricting access to the facilities at other times. If this were the case, women-only sessions would not be unlawful under the Act.

11 So what does this mean for sport? Action points to consider Clubs should examine their practices, rules, policies, and conventions to ensure that they are non-discriminatory, either directly or indirectly. Current internal equality policies as well as membership rules will need to be reviewed in conjunction with the new Act and amendments made accordingly. Discrimination and harassment training courses for both staff and volunteers will need to be adapted to encompass the new Equality Act legislation. The Equality Act 2010 states that all disabled people are treated fairly and given equal opportunities. This enables disabled people to participate in sport in an inclusive environment. Use of golf buggies is not permitted during most competitions. Under the new Equality Act 2010, disabled players will be able to use buggies if their impairment affects their mobility and means they cannot compete without the use of a golf buggy. Suggested action points Consider your current equality policy and identify any areas that may need to change once the Act is in force. Consider a review of your other policies (such as recruitment) and contracts to identify any amendments that may be necessary. If you are an association under the Act, consider whether any changes are necessary to your membership rules. Consider whether your employee harassment is well publicised and that you are able to deal with any complaints to quickly stop harassment. If you deal with public authorities, look at how your activities may address social inequalities and what action you may be able to take in this area. Provide anti discrimination and harassment training to staff, including volunteers. Sporting organisations can limit the risk of falling foul of the law by taking an inclusive approach and listening and reacting to concerns of members or prospective members.

12 Contacting us phone fax post County Office, Thoroton Road, West Bridgford, Nottingham NG2 5FT website