Provisions of the EqA come into force

1 October 2010 saw many of the provisions of the EqA come into force. Here’s a reminder of the main provisions:

• Out with the old, in with the new. The existing separate discrimination laws are out, replaced by a basic framework of protection against direct and indirect discrimination, harassment and victimisation;

• There is a new concept of discrimination arising from disability which restores the protection wiped out by the House of Lords decision in London Borough of Lewisham v Malcolm;

• Pre-employment health questionnaires are banned, except in certain circumstances;

• Pay secrecy clauses are unenforceable;

• Employment tribunals have new powers to make recommendations which would benefit the wider workforce

Many employers in the private sector are concerned about the provision which would force them to publish gender pay gap information, but that is not yet in force. The Government look to be stalling on introducing this provision, much to the fury of the ECHR. Watch this space!

In addition, the ECHR has produced an extensive Code of Practice (over 300 pages long), which will remain in draft form until Parliament brings it into force. It contains some useful guidance and examples and whilst it is not binding, tribunals will undoubtedly refer to it in proceedings.

So what should employers do? Aside from checking that the above provisions are implemented, don’t forget compromise agreements and staff handbooks need to be updated. And whilst the EqA is replacing the discrimination law, don’t take the references to the old acts out of your compromise agreement just yet as employees may still have live claims that arose before 1 October. If you need us to re-draft your templates or you just want us to cast our eye over your drafting, please contact either Mark or Adrienne.