Shortlist: 6 key provisions of the Equality Act 2010

Leaders at every level must understand the provisions of the UK Equality Act 2010 and how it relates to their role.

In 2021, the UK Government was found to have breached the UK Equality Act 2010 when it failed to provide a British Sign Language interpreter for its televised scientific briefings on COVID-19.

This shows that even lawmakers can fall foul of the legislation that promotes equality and prohibits discrimination in various areas of society, including the workplace.

So what does the Act cover?

The Equality Act 2010 brings together and replaces previous anti-discrimination laws in the UK, providing a single framework to protect individuals from unfair treatment and to advance equal opportunities.

In the workplace, it sets out various provisions and protections that employers and employees must adhere to by law. Here are some key aspects that affect the workplace:

1. Protected characteristics covered by the Equality Act include age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It is illegal to discriminate against individuals based on any of these characteristics.

2. Direct and indirect discrimination: The Act prohibits direct discrimination, which is treating someone less favourably due to a protected characteristic. Indirect discrimination, which refers to policies, practices or criteria that disproportionately disadvantage individuals with certain protected characteristics, is also forbidden unless there is a legitimate and justifiable reason for it.

3. Harassment and victimisation. Both harassment (unwanted conduct related to a protected characteristic that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for them) and victimisation i(treating someone unfairly because they have made or supported a complaint or raised an issue under the Act) are prohibited under the Act.

4. Reasonable adjustments. Employers are required to make reasonable adjustments to accommodate the needs of employees or job applicants with disabilities. This could involve modifying the work environment, providing assistive devices, or adjusting work patterns, among other measures, to ensure equal opportunities and access.

5. Pay equality. The Act addresses the gender pay gap by requiring larger employers (250 or more employees) to report on their gender pay gap data, including information on the average and median pay and bonuses for male and female employees. The aim is to promote transparency and encourage employers to address any gender pay disparities.

6. Positive action. Employers are allowed to take positive action to address underrepresentation or disadvantages faced by individuals with protected characteristics. However, such actions must be proportionate and used to promote equality and diversity.

In this way, the Equality Act charges us with creating inclusive and non-discriminatory workplaces, preventing discrimination and harassment and making reasonable adjustments to accommodate employees' needs.

Failure to comply can result in legal action, including compensation claims, brought by individuals who have been discriminated against. This makes it essential for leaders at all levels to understand and abide by its provisions.