The aim of this briefing is to update managers on recent important changes in equality legislation and its impact on the University of London.

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1 Equality Act 2010 Briefing INTRODUCTION The aim of this briefing is to update managers on recent important changes in equality legislation and its impact on the University of London. BACKGROUND The main provisions of the Equality Act 2010 came into being on 1 October Further aspects of the Act will be phased in over the next three years. WHAT IS THE PURPOSE OF THE EQUALITY ACT 2010? The purpose of the Equality Act is to strengthen equality legislation, simplify the legislation and provide more consistency in the application of the legislation. The Equality Act has now replaced all previous equality legislation, in particular the: 1975 Sex Discrimination Act 1976 Race Relations Act 1995 Disability Discrimination Act 1970 Equal Pay Act Employment Equality Regulations on Age, Sexual Orientation and Religion/Belief WHAT ARE THE KEY CHANGES? 1. Change in language Protected Characteristics Groups and individuals covered by the Act are said to have protected characteristics. These are groups based on: Gender Disability Race/ethnicity Sexual orientation Gender Re-assignment Age Religion/belief Pregnancy and maternity Marriage and Civil Partnerships 2. Types of discrimination There are now seven types of unlawful discrimination covered by the Equality Act.

2 2.1 Direct discrimination Someone is treated less favourably than another person because of a protected characteristic (i.e., age, gender etc). 2.2 Associative discrimination Direct discrimination against someone because they associate with another person who possesses a protected characteristic. 2.3 Discrimination by perception Direct discrimination against someone because others think they possess a particular protected characteristic. 2.4 Indirect Discrimination Indirect Discrimination can occur when an employer has a rule or policy that applies to everyone, but disadvantages a particular protected characteristic. 2.5 Harassment Employees can now complain of behaviour they find offensive even if it is not directed at them. 2.6 Harassment by a third party Employers are potentially liable for harassment of their staff by people they don t employ. (eg contractors, trainees, our agents). There are no restrictions on who may be doing the harassment. 2.7 Victimisation Someone is treated badly because they have made or supported a complaint or grievance under the Act. 3. Other changes 3.1 Disability The Equality Act does not allow an employer to ask any health related questions to an applicant for a vacancy, prior to being offered a post, unless it is central to the requirements of the job. However, questions may be asked in relation to any special requirements for an interview/test etc and also if an applicant wanted to apply under the Two Ticks Disability Guaranteed Interview Scheme. Employers may also ask whether a

3 candidate for a vacancy has a disability on their equal opportunity monitoring form, as long as the recruitment panel will not have access to this information. The Equality Act 2010 provides a new concept of discrimination arising out of disability. This does not require a comparator and instead is aimed at re-establishing an appropriate balance between enabling a disabled person to show detriment which arises because of his or her disability and providing an opportunity for an employer or other person to defend the treatment. 3.2 Employment Tribunals Employment Tribunals will have a new power to make recommendations to an employer at the conclusion of a hearing. They can require the employer to take certain specified action to reduce the adverse effects of any matters raised in the proceedings, within a specified time: for example to introduce an equal opportunities policy. 3.3 Positive action Positive action allows an employer to undertake measures to either address issues of under-representation in the workforce by a particular group or to meet the specific needs of service users. Positive action cannot be undertaken in the selection of staff for vacancies. With the exception of pregnancy and maternity and marriage and civil partnerships the use of Positive Action is now extended to all groups with a protected characteristic. An example of positive action would be to develop a senior management training programme for a group which is currently under-represented in senior management positions in an organisation. The programme would be limited to members of that group with the aim of equipping those staff to gain management skills and experience and increase their chances of gaining a senior management position. Resources Equality and Human Rights Commission: Government Equalities Office: Equality Challenge Unit

4 HOW CAN YOU GET INVOLVED? The University would like to hear your thoughts or comments on the new Act. If you feel you have been treated unfairly, or discriminated against while working for the University we would like to hear from you. This can be via a confidential discussion with one of the individuals named below, or by to equality@london.ac.uk For further information please contact: Susan Small, HR Manager (susan.small@london.ac.uk) Sandra Tury, UCU Equality Officer (sandra.tury@london.ac.uk) Chris Bright, Unison Equality Officer (chris.bright@londondeanery.ac.uk)

5 Age Disability Gender Reassignment Race Religion or Belief Sex Sexual Orientation Marriage & Civil Partnership Pregnancy & Maternity Characteristic covered in previous legislation - no changes Characteristic covered in previous legislation but some changes Changes Characteristic not covered in previous legislation now covered New Characteristic not covered in previous legislation still not covered Direct discrimination Associative discrimination New New New New Discrimination by perception New New New Indirect discrimination New New Harassment Changes Changes Changes Changes Changes Changes Harassment by a third party New New New New New New Victimisation Changes Changes Changes Changes Changes Changes Changes Changes Changes