Equality Act 2010: What do I need to know? - Gov.uk

EQUALITY ACT 2010:WHAT DO I NEED TO KNOW?A SUMMARY GUIDE FOR VOLUNTARY AND COMMUNITY SECTOR SERVICE PROVIDERSwww.edf.org.uk

ForewordThe Equality Act 2010 replaces the existing antidiscriminationlaws with a single Act. It simplifies thelaw, removing inconsistencies and making it easierfor people to understand and comply with it. It alsostrengthens the law in important ways to help tacklediscrimination and inequality.This summary guide tells you how the EqualityAct 2010 changes how you have to act in orderto prevent and address discrimination when youprovide goods, facilities and services to the public,for example as a residential care home, communityshop or after-school club. These parts of the Act willcome into effect on 1 October 2010.2

IntroductionThe Equality Act 2010 brings together, harmonisesand in some respects extends the current equalitylaw. It aims to make it more consistent, clearerand easier to follow in order to make societyfairer. As a provider of goods, facilities or servicesin the voluntary and community sector yourresponsibilities remain largely the same, but thereare some differences that you need to be awareof. These changes are summarised in the table onthe next page.There are other guides for employers, business andindividuals. The guide for employers will help thevoluntary and community sector with employmentissues.This series of guides covers key changes that arecoming into effect on 1 October 2010. The EqualityAct also contains other provisions, including thenew concept of dual discrimination, an extendedpublic sector Equality Duty and a prohibition on agediscrimination in services and public functions. TheGovernment is looking at how the rest of the Actcan be implemented in the best way for business,and will make an announcement in due course.The Act protects the same groups of people thatwere covered by previous equality legislation,by reference to what are now called ‘protectedcharacteristics’. The characteristics covered by thisguide are disability, gender reassignment, pregnancyand maternity, race, religion or belief, sex and sexualorientation.3

What’s new for the voluntary and community sector – an overviewKeyCharacteristic covered in existing legislation – no changesCharacteristic covered in existing legislation – but some changesCharacteristic not covered in existing legislation – now coveredCharacteristic not covered in existing legislation – still not coveredNo changeChangesNewNo protectionDisabilityGenderreassignmentPregnancy andmaternityRaceReligion orbeliefSexSexualorientationDirect discrimination Changes No change No change No change No change No change No changeDiscrimination byassociationDiscrimination byperceptionNew New No protection No change No change New No changeNew New No protection No change No change New No changeIndirect discrimination New New No change No change No change No change No changeHarassment Changes Changes Noprotection*ChangesNoprotection*ChangesNoprotection*Victimisation Changes Changes Changes Changes Changes Changes ChangesPositive action Changes Changes Changes Changes Changes Changes ChangesAssociations andprivate members’ clubsNo change New New No change New New No changeCharities Changes Changes Changes Changes Changes Changes ChangesDiscrimination arisingfrom disabilityReasonableadjustmentsNewChanges* Where there is no specific harassment protection, direct discrimination protection prohibits treatment such as bullyingand harassment which results in a person being treated less favourably.4

Who has responsibilities?The Act applies to all organisations that providea service to the public, or a section of the public(service providers). It also applies to anyone whosells goods or provides facilities. For example, it willcover community centres, information and adviceagencies, charity shops, sports clubs, internet-basedservices, and residential care homes and day carecentres. It applies to all your services, whether ornot a charge is made for them. It also applies toprivate clubs and other associations with 25 ormore members.Who is protected?The Act protects people who have a ‘protectedcharacteristic’ (these used to be called ‘grounds’).The relevant characteristics are:• disability (definition changed)• gender reassignment (definition changed)• pregnancy and maternity• race – this includes ethnic or national origins,colour and nationality• religion or belief• sex, and• sexual orientation.Disability (changed)The protected characteristic of disability applies toa person who has a physical or mental impairmentthat has a substantial and long-term adverse effecton their ability to carry out normal day-to-dayactivities.What has changed?To qualify for protection from discrimination, adisabled person no longer has to show that theirimpairment affects a particular capacity, such asmobility or speech, hearing or eyesight.For further details see the Disability Quick StartGuide.Gender reassignment (changed)The protected characteristic of gender reassignmentwill apply to a person who is proposing to undergo,is undergoing or has undergone a process to changetheir sex.What has changed?To qualify for protection from discrimination atranssexual person no longer has to show that theyare under medical supervision.For further details see the Gender ReassignmentQuick Start Guide.5

What the law prohibitsHere are some examples of the different kinds ofconduct that are prohibited under the Act.Direct discrimination (changed)Direct discrimination occurs when a person istreated less favourably than another person becauseof a protected characteristic.ExampleBeatrice visits her local credit union.She asks for a small loan to enable herto buy a fridge. They refuse to lendher any money because they say that awoman is less likely to have a job and beable to repay the loan. This is direct sexdiscrimination.What has changed?Protection from direct discrimination in services isnew for disability.Association and perceptionDirect discrimination can also take place becauseof a protected characteristic a person does notpersonally have. For example, it includes a personbeing treated less favourably because they are linkedor associated with a person who has a protectedcharacteristic.ExampleJane is not allowed into her localcommunity centre with her son becausehe is disabled. This is discriminationagainst her by association.Direct discrimination also includes discriminationbecause a person is wrongly thought to have aparticular protected characteristic or is treated as ifthey do.ExampleSamantha, who is straight, goes on aGay Pride march to support some ofher lesbian, gay, bisexual and transgendercolleagues, and while there collects a‘Support Gay Pride’ badge.After themarch she goes into the communitycentre bar for a drink.The barmanrefuses to serve her as he believes thatshe is a lesbian because of the badgeshe is wearing and because he saw heron the march. This is discrimination byperception.What has changed?Previously protection extending wider than theperson’s own protected characteristic – suchas protection from discrimination because ofassociation and perception – applied only to race,religion or belief, and sexual orientation. Now itapplies to sex, disability and gender reassignmentas well.6

Indirect discrimination (changed)Indirect discrimination happens when there is a rule,a policy or even a practice that applies to everyonebut which particularly disadvantages people whoshare a particular protected characteristic. Indirectdiscrimination can be justified if it can be shownthat the rule, policy or practice is intended tomeet a legitimate objective in a fair, balanced andreasonable way. If this can be shown it will belawful. When considering introducing a new ruleor policy, you should first consider whether thereis any other way to meet your objectives thatwould not have a discriminatory effect or thatis less likely to disadvantage people who have aprotected characteristic. Remember that a lack offinancial resources alone is unlikely to be a sufficientjustification.ExampleJamal is a devout Muslim refugee whowishes to get advice on his immigrationstatus. He finds that the local advicecentre only offers immigration adviceon Fridays at 12.00. This is a rulethat disadvantages him as he cannotattend then because he has to goto the mosque. This will be indirectdiscrimination if the advice centrecannot show a good reason for onlyholding advice sessions on immigrationat that time on a Friday. They may beable to offer him an appointment atanother time, in which case there will beno indirect discrimination.What has changed?Indirect discrimination now applies to disability andgender reassignment as well as the other protectedcharacteristics.Discrimination arising from disability (new)Discrimination arising from disability occurs when adisabled person is treated unfavourably because ofsomething connected with their disability and thisunfavourable treatment cannot be justified.Treatmentcan be justified if it can be shown that it is intendedto meet a legitimate objective in a fair, balancedand reasonable way. If this can be shown then thetreatment will be lawful.This form of discrimination can occur only if theservice provider knows or can reasonably beexpected to know that the disabled person isdisabled.ExampleJanet is blind and requires the assistanceof a guide dog.She is not allowed intoa cafe because the owner believes thatthe dog would be a safety risk.She isexcluded not because she is blind,butbecause of her use of a guide dog,which issomething connected with‘arising from’)her disability.Unless the cafe owner canobjectively justify his treatment of Janet,she will have experienced discriminationarising from disability.What has changed?This is a new form of protection. It replaces differentprotection in disability discrimination law that wasnot fully effective.7

Harassment – disability, genderreassignment, race or sex (changed)Harassment means unwanted behaviour relatedto a protected characteristic that has the purposeor effect of violating a person’s dignity or creatingan intimidating, hostile, degrading, humiliating oroffensive environment for them.ExampleAhmed, a refugee from Afghanistan anda keen footballer, joins his local footballclub. Whenever he goes to a practicesession the coach asks him why hedoes not go home to where he camefrom. Ahmed could bring a claim ofharassment related to his race.What has changed?Harassment protection has now been extended todisability and a single definition of harassment nowapplies to disability, gender reassignment, race andsex.For further details see the Harassment Quick StartGuide.Harassment – religion or belief or sexualorientation (no change)There is no specific prohibition on harassmentrelated to religion or belief or to sexual orientation.However, if you harass someone because of theirreligion or belief or their sexual orientation, andconsequently treat them less favourably than youwould treat someone else, a court would count thisas direct discrimination, which is unlawful.ExampleElsie and Frances, a lesbian couple, visittheir local lunch club regularly. Recentlya new helper has been taken on. Thisnew helper keeps asking them abouttheir sex life and refuses to serve themuntil after everyone else. She doesnot ask any of the other users abouttheir sex lives. This unwanted conductis occurring because of Elsie’s andFrances’s sexual orientation and putsthem at a disadvantage. It is likely toamount to direct discrimination.For further details see the Harassment Quick StartGuide.8

Victimisation (changed)Victimisation occurs when a service providertreats someone badly because they have madeor supported a complaint about discrimination orharassment, or because the service provider thinksthat they are doing or may do these things. It willalso be victimisation if a service provider treatssomeone badly because they support someone elsewho makes a discrimination claim. A person is notprotected from victimisation if they have maliciouslymade or supported an untrue complaint.ExampleComfort, who has schizophrenia, andher friend Christine regularly go to abingo session at their local communitycentre. One day one of the assistants atthe centre makes an offensive remarkto Comfort about her schizophrenia.Comfort complains to the managerof the centre and Christine supportsComfort’s complaint.The managerpromises to investigate but the nexttime Comfort and Christine go to thecentre they are told that they are nolonger welcome there. This is unlawfulvictimisation of both women.What has changed?There is now no need for a victim to show thatthey have been less favourably treated thansomeone who has not made or supported acomplaint under the Act. They need only show thatthey have been treated badly.Other changes you need toknow aboutPositive action (changed)Some people with protected characteristics aredisadvantaged or under-represented in someareas of life, or have particular needs linked totheir characteristic. They may need extra helpor encouragement if they are to have the samechances as everyone else. The new positiveaction provisions enable service providers to takeproportionate steps to help people overcome theirdisadvantages or to meet their needs.Note that:• there is no requirement to take positive action,and• there is no restriction on treating disabled peoplemore favourably than non-disabled people. It isalso permitted to take steps to meet the needsof people with a particular disability.ExampleThe organisers of a north London youthclub in an area with a substantial Muslimpopulation notice that they have veryfew Muslim members. They thereforedecide to advertise their sessions at thelocal mosque and ensure that they servesome halal food in order to attractmore Muslim members and meet theirdietary needs.This is permitted positiveaction.9

What has changed?The previous provisions were complicated anddifficult to apply. These new provisions are simplerand clearer to use.BreastfeedingThe Act has specifically clarified that it is unlawfulto discriminate against a woman because she isbreastfeeding.For further details see the Business – BreastfeedingQuick Start Guide.Associations and clubs (changed)Special rules apply to clubs and other associationswith 25 or more members whose membership iscontrolled by rules and involves a selection process.They can restrict their membership to people witha protected characteristic, provided that this is nota group defined by colour. However, they cannotdiscriminate against members or people applying tobecome members or members’ guests on any otherprotected ground.ExampleAn association could restrict itsmembership to Afro-Caribbean boys orto people of African origin. It would notbe permitted to restrict its membershipto black boys or to black people.What has changed?These special rules have now been extendedbeyond race, disability and sexual orientation tocover sex, religion or belief, gender reassignment,and pregnancy and maternity.10For further details see the Clubs and otherAssociations Quick Start Guide.Charities (changed)Special rules allow charities to provide benefits onlyfor people with a particular protected characteristic(but not a group defined by colour), providedthat the charity acts on the basis of its charitableinstrument (the document that set it up), and this:• can be justified as intended to meet a legitimateobjective in a fair, balanced and reasonable way,or• is for the purpose of preventing or compensatingfor a disadvantage linked to that protectedcharacteristic.ExampleA charity, whose constitution states thatits objective is to provide facilities andcare for transsexuals, plans to providesupport for a transsexual to help heradapt to and cope with the changesshe and her family experience. This isa legitimate aim and the provision ofspecialist support only for transsexualpeople is a proportionate way toachieve this aim.What has changed?Charities benefiting only people of the same racialgroup, religion or belief, or sexual orientation mustnow show that this is intended to meet a legitimateobjective in a fair, balanced and reasonable way orthat it is positive action as well as being in line withtheir charitable instrument. There is also now anexception along these lines for charities benefitingonly people with the same disability.

What do you need to do now?Further sources of informationVoluntary and community organisations that alreadyhave good equality procedures in place will notneed to take much further action. However, it willbe wise to:• inform your staff and management committee ofthe new provisions,• review your equality policies and make sure thatthey cover all relevant protected characteristics,and• consider whether your staff need any furthertraining.You may also wish to consider whether there areany groups that are not as well represented amongyour service users as they should be, and if soconsider whether you could use positive action toencourage them to use your organisation more.The Equality and Human Rights Commission isthe statutory body established to help eliminatediscrimination and reduce inequality. It will issuea Statutory Code of Practice explaining in moredetail the law in relation to service provision anddiscrimination. It also produces a range of materialproviding practical guidance on how to complywith the law.www.equalityhumanrights.com0845 604 6610Law Centres Federationwww.lawcentres.org.ukCitizens Advicewww.citizensadvice.org.ukAdvice UKwww.adviceuk.org.ukGovernment Equalities Officewww.equalities.gov.ukNational Council forVoluntary Organisationswww.ncvo-vol.org.ukCharity Commission for England and Waleswww.charity-commission.gov.ukOffice of the Scottish Charity Regulatorwww.oscr.org.ukScottish Council forVoluntary Organisationswww.scvo.org.ukWales Council forVoluntary Actionwww.wcva.org.uk11

© Crown copyright 2010JN401727July 2010