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9th September 2010

NEWS IN BRIEF

Most of the provisions in the Equality Act 2010, which updates and brings together nine separate pieces of discrimination legislation into one single Act, will come into force on 1 October.

The government has now confirmed that the following will be implemented on that date:

• The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations; transport
• Changing the definition of gender reassignment by removing the requirement for medical supervision
• Improving protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic
• Applying the European definition of indirect discrimination to all protected characteristics
• Extending protection from indirect discrimination to disability
• Introducing a new concept of “discrimination arising from disability”
• Making it more difficult for disabled people to be unfairly screened out when applying for jobs
• Allowing hypothetical comparators for direct gender pay discrimination
• Making pay secrecy clauses unenforceable
• Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce
• Harmonising provisions allowing voluntary positive action.

The government is still considering how to implement the following provisions:

• the socio-economic duty on public authorities
• dual discrimination
• gender pay gap information
• diversity reporting by political parties
• positive action in recruitment and promotion.

The government is also currently consulting about how best to implement the new public sector equality duty (see weekly LELR 182).

For more information, go to: http://www.equalities.gov.uk/equality_bill.aspx

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