A quick summary of the main extensions to equality legislation from ACCOUNTINGweb.co.uk.
Discrimination & harassment by association
Among its various provisions, the Act imposes new restrictions on what questions employers can ask about job candidates' health and includes clauses that pave the way for discrimination and harassment claims based on association and perception.
The new provisions are intended to cover situations where discrimination or harassment is based on the victim's association with someone who has a protected characteristic (such as a disabled child) or because the victim is wrongly thought to have a protected characteristic (e.g. a particular religious belief). "This change substantially widens the class of people able to bring a claim and is likely to result in a significant increase in the number of claims brought," warned Lisa Mayhew, a partner with law firm Jones Day.
Employers now liable for actions of third parties
The Act will also allow an employee to bring a claim against their employer for the acts of a third party, such as a client, customer or colleague, where the employee has been harassed on at least two occasions and their employer is aware that it has taken place and has not taken reasonable steps to prevent it from happening again. "These new provisions may, depending on how widely they are interpreted by the tribunals, have the potential to bring about a major change in the claims which can be brought under the banner of 'harassment'," warned Mayhew.
Increased tribunal powers
The Equality Act has handed broader powers to Employment Tribunals to advise employers on their practices and procedures following successful claims. "The net result of these measures is to create traps for the unwary," said Rachel Dineley, employment partner at law firm Beachcroft LLP. "Employers should take the opportunity to audit their current practices now to minimise their risks in this area. With many organisations undertaking some form of restructuring, the scope for expensive errors will increase. Ironically, employers could incur, rather than save, costs if they are not compliant with the new law."
Pay, transparency and secrecy clauses
The Act also renders unenforceable secrecy clauses that prevent employees from discussing their pay if the restriction is seen as an attempt to conceal pay discrimination. "The Act does not ban the inclusion of such clauses in employees' contracts - it only makes them unenforceable and protects employees against victimisation following a relevant pay disclosure," said Mayhew. "Employers will continue to be able to require employees to keep their pay rates confidential, for example from competitor organisations." The equal pay provisions within the Act will make it easier for employees to bring claims.
