The Equality Act 2010 came into force on the 1st of October 2010. Within the act, it brings together over 116 separate pieces of legislation, into one single act. The act provides a legal framework to protect the rights of individuals and make sure everyone has equal opportunity. It provides Britain with a discrimination law that protects individuals from unfair treatment and promotes a fair and more equal society.
There are 9 main pieces of legislation that have merged.
The Equal Pay Act of 1970
The sex discrimination act of 1975
The Race Relations Act of 1976
The disability discrimination act 1995
The employment equality (religion or belief) regulations 2003
The employment equality (sexual orientation) regulations 2003
The employment equality (age) Regulations 2006
The Equality Act 2006 Part 2.
The Equality Act (sexual orientation) Regulations 2007
The Equality Act 2010
This protects you from different discrimination from:
Employers,
Businesses and organisations which provide goods or services
Health and care providers
Someone you rent or buy a property from- like the housing association
Schools, colleges and other education providers,
Transport services, like buses or trains
Public bodies like Government departments.
There are nine protected characteristics in the Equality Act. Discrimination happens because one or more of these characteristics is unlawful under the act. We all have some of these characteristics. For example, sex or age. So the act protects everyone from discrimination.
What are the characteristics?
Age,
Disability
Gender reassignment
Marriage or civil partnership (in employment only)
As the act protects people from discrimination, we wanted to talk about what discrimination is. As well as the different types.
Direct Discrimination
Direct discrimination occurs when you treat someone unfairly or less favourably than you treat (or would treat) another person because of protected characteristics. For example, a further education college rejects an application from a man for a childcare course. As they don’t think it’s appropriate for a man to be working with children. Or a business rejects a CV/job application because of the ethnicity stated on the form or the person’s name.
Discrimination by Association
The act also protects you if people in your life, like family members or friends, have protected characteristics. Resulting in you being mistreated. This is discrimination by association. Here are a few examples. If you’re discriminated against because your friend is gay or part of the LGBTQ+ community. If your child has a disability. Alternatively, if your friend is a different race or has a different religion or belief.
Discrimination by Perception
Discrimination also occurs when you treat a student or people less favourably or unfairly because you mistakenly think they have a protected characteristic, other than maternity or pregnancy. For example, a job coordinator doesn’t offer an applicant a job at a school for them to teach because they think he is gay and is worried that the school will be ‘uncomfortable’ with a gay teacher. Despite the fact, they are not gay. This is discrimination by association.
Indirect Discrimination
Indirect discrimination happens when there is a policy that applies in the same way for everybody but disadvantages a group of people who share a protected characteristic. Which you are disadvantaged as part of the group. If this happens, the person or organisation applying the policy must show that there is a good reason for it.
A ‘policy’ can include a practice, a rule or an arrangement. It doesn’t make a difference whether anyone intended the policy to disadvantage you or not.
To prove that indirect discrimination is happening or has happened you can do these things:
There must be a policy that an organisation is applying equally to everyone (or to a group that includes you)
The policy must disadvantage people with your protected characteristic when compared with people without it
You must be able to show that it has disadvantaged you personally or that it will disadvantage you
The organisation can not show that there is a good reason for applying the policy, despite the level of disadvantage to people with your protected characteristic.
Unlawful Discrimination
The act defines unlawful discrimination as:
Direct discrimination (including indirect discrimination based on perception or association)
Indirect
Discrimination arising from disability
Pregnancy and maternity discrimination
Failure to make reasonable adjustments (for people with disabilities)
Discrimination arising from disability
This happens when you treat a person with a disability unfairly and unfavourably because of something connected with their disability. Where the treatment can’t be justified. Discrimination arising from disability is different from direct discrimination. Direct occurs because of the protected characteristic of disability. For discrimination arising from disability, the question is whether the disabled person has been treated unfairly because of something connected with (arising in consequence of) their disability.
It’s also different from indirect discrimination. Neither the person with a disability nor anyone else needs to show how their disability has affected other people.
Discrimination arising from disability will occur if the following conditions are met:
You treat a person with a disability unfairly, which is putting them at a disadvantage, even if this was not your intention.
This treatment is because of something connected with the disabled person’s disability (which could be the result, effect or outcome of that disability) such as an inability to work unaided
You can’t justify the treatment by showing that it is ‘a proportionate means of achieving a legitimate aim’
Harassment
There are 3 types of harassment, which are unlawful under the Equality Act.
Harassment related to a relevant protected characteristic
Sexual harassment
Less favourable treatment of a person because they submit to or reject sexual harassment or harassment related to their sex
Pregnancy and maternity are not protected directly under the harassment provisions, however, unwanted behaviour related to pregnancy will amount to harassment related to sex.
Harassment related to a protected characteristic
It occurs when you engage in unwanted behaviour related to relevant protected characteristics. Which has the purpose or effect of:
Violating a person’s dignity
Or creating an intimidating, hostile, degrading, humiliating or offensive environment for other people
The word ‘unwanted’ means ‘unwelcome’ or ‘uninvited’. In order for the behaviour to be unwanted, it does not need to be stated by the person.
Sexual Harassment
Sexual harassment occurs when you engage in unwanted behaviour which is of a sexual nature and which has the purpose or effect of:
Violating a person’s dignity
Or creating an intimidating, hostile, degrading, humiliating or offensive environment for other people
‘Of a sexual nature’ can cover verbal, non-verbal or physical conduct including unwelcome sexual advances, inappropriate touching, forms of sexual assault, sexual jokes or sending emails with material of a sexual nature.
Why do you need to know?
As an assessor, you need to be aware of anything that can be harmful to your learners and you need to know it because of inclusivity and diversity. You can become more inclusive in your sector if you know what protected characteristics exist. If you need any help with the Equalities Act please don’t hesitate to contact the team at training@brooksandkirk.ac.uk and we would be happy to help!
