2010 equality act pdf test

To test whether there has been direct discrimination, it is necessary to compare. This test is arguably more robust than under the current laws. Equality act 2010 is up to date with all changes known to be in force on or before 11 september 2019. The equality act 2010 provides a single, consolidated source of discrimination law, covering. The main provisions of the act will come into force on 1 october 2010. The equality act 2010 one statute to cover all discrimination laws. The equality act 2010 includes provisions that ban age discrimination against adults in the provision of services and public functions. Changes that have been made appear in the content and are referenced with annotations. This version of this act contains provisions that are prospective. This is the original pdf of the as enacted version that was used to publish the official printed copy.

The mental health parity and addiction equity act mhpaea. This chapter is intended as an introduction to the concepts and framework of the equality act 2010. The characteristics that are protected by the equality act 2010 are. Wales has become the first nation in the uk to introduce specific regulations to support compliance with the. Jun 22, 2011 how the equality act 2010 defines disability, and what law changes mean for the public, businesses, and the public and voluntary sectors. Understanding legal definitions of discrimination and. It brings together over 116 separate pieces of legislation into one single act. Equality and human rights commission statutory code of practice. Under section 15 of the equality act 2010 a person a discriminates against a disabled person b if he treats b unfavourably because of something arising in consequence of bs disability and a cannot show that the treatment is a proportionate means of achieving a legitimate end. Under the equality act 2010 described by nhs health scotland it is unlawful to discriminate against someone because of their protected characteristics if you receive care services, and feel that you have been treated unfairly because of a relevant protected characteristic, you may be able to challenge this. Which of these is not an example of positive action.

The equality act 2010 the act makes it unlawful to discriminate against, harass or victimise someone on the basis of a protected characteristic age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and. Section 15 of the equality act 2010 the decision in city. This chapter is not designed to be a comprehensive summary of equality law. Legislation in this area dates back to the 1970s when the equal pay 1970 came into effect followed by the. Equality act 2010 guidance on matters to be taken into account in determining questions relating to the definition of disability pdf file 848kb pdf, 693kb, 60 pages. Equality act 2010, section 39 is up to date with all changes known to be in force on or before 17 april 2020. Advisors should bear in mind that clients may not initially present their problem as a discrimination case but nonetheless.

These principles uphold the values of the house and serve to create a positive working environment for everyone. Equality act 2010 the history of education in england. Equality act technical guidance technical guidance on education, reasonable adjustments and psed. Infusing the silos in the equality act 2010 with synergy. Most of the equality act will start to apply in october 2010 and this guide covers the main changes coming into effect then. Managersemployers would be well advised to familiarise themselves with the legislation to ensure that they are. The test requires a medical impairment and an inability to carry out daytoday activities. The act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. Understanding legal definitions of discrimination and unlawful behaviour in the equality act. The equality act 2010 makes it law that every private, public and voluntary organisation must not discriminate against employees and people that use their services because of particular characteristics.

The equality act 2010 simplifies the current laws and puts them all together in one piece of legislation. Equality act 2010 factsheet manchester community central. Where someone meets the definition of a disabled person in the equality act 2010 the act employers are required to make reasonable adjustments to any elements of the job which place a disabled person at a substantial disadvantage compared to nondisabled people. Across the uk, cases of black children being punished for their hairstyles have escalated. The act makes it unlawful to discriminate in employment and various other areas on the grounds of any one of those protected characteristics or on grounds of a combination of two of those. This will help to ensure compliance with the public sector equality duties of the equality act 2010. It could be relative, for example younger than me, and can be a particular age. To achieve this, the act brings together and restates previous legislation and repeals some existing legislation including that which applies to ships and hovercraft. Unlike at common law, an employer has a defence to vicarious liability under the equality act 2010 if it can show that it took all reasonable steps to prevent the employee from doing the alleged act of discrimination or from doing anything of that description. This document records the analysis undertaken by the department for work and pensions to enable ministers to fulfil the requirements placed on them by the public sector equality duty psed as set out in section 149 of the equality act 2010. Oxford university press online resource centre multiple.

Equality act 2010 code of practice on employment presented to parliament pursuant to section 14 of the. Sections 1101b, 1106, and 1107 of the civil rights act of 1964 shall apply to section 201 and remedial provisions of this act related to section 201 except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex including sexual orientation and gender identity, or national origin. Before that date, there were several separate legislative acts such as the race relations act, disability discrimination act and sex discrimination act, each of which covered different aspects of discrimination. The equality act 2010 came into force in october 2010. Employment law article section 15 of the equality act 2010 and the decision in city of york council v grosset. It permits greater scope for positive action, provides expressedly for discrimination based on more than one characteristic, and strengthens disability protections. It harmonises existing provisions to give a single. The equality act 2010 eqa 2010 altered the traditional structure of adl by bringing the nine separate statutes prohibiting discrimination in britain together into a single act. The equality act 2010 the equality act 2010 this act replaced all previous equality legislation such as the race relations act, disability discrimination act and sex discrimination act. Does the aim of the treatment or policy represent a real need. The equality act 2010 is an act of parliament of the united kingdom with the primary purpose of consolidating, updating and supplementing the numerous prior acts and regulations, that formed the basis of antidiscrimination law in great britain. The purpose of the act is to simplify, consolidate and improve all the various and numerous.

The act harmonises discrimination law and strengthens it to support progress on equality. A list of all legislation that was repealed or revoked on 1 october 2010 is available in schedule 27 to the act. The equality act 2010 the act does not define an age group. Section 4 of the equality act 2010 lists various protected characteristics that form the basis of discrimination law. Provisions of the equality act 2010 will come into effect october 1st. On 1 october 2010, it became part of the equality act 2010 eqa instead. For example, you might be covered if you have a learning difficulty, dyslexia or autism.

It is good practice, however, for a school to integrate its work under the equality act with work to reduce socioeconomic inequalities, for example through its use of the pupil premium. The act brings together all previous equality laws, making them simpler. Equality act 2010 fact sheet what is the equality act 2010. Advisors should bear in mind that clients may not initially present their problem as a discrimination case but. Tes global ltd is registered in england company no 02017289 with its registered office at 26 red lion square london wc1r 4hq.

If you receive care services, and feel that you have been treated unfairly because of a relevant protected characteristic, you may be able to challenge this. The resulting act came into force on 1 october 2010, with the provisions relating to positive action in recruitment and to the public sector equality duty being delayed until april 2011. Equality act 2010 replaced sex discrimination act 1975, race relations act 1976 and disability discrimination. Equality act 2010, section 20 is up to date with all changes known to be in force on or before 17 april 2020. The equality act 2010 brought all the grounds of discrimination into one statute, harmonised definitions and concepts, and introduced new requirements and concepts. The victimisation provisions have changed completely. Throughout the guidance, descriptions of statutory provisions in the legislation are immediately preceded by bold text and followed by a reference to the relevant. Nationwide hygiene group nationwide house, peak business park, foxwood road, chesterfield, derbyshire s41 9rf.

On 1 october 2010, the equality act 2010 replaced all existing equality. Website accessibility and the equality act 2010 seq legal. This website and its content is subject to our terms and conditions. Although the equality act has removed the eight capacities of normal daytoday activities, there remains the requirement that the impairment must be long term. The equality act 2010 came into force on 1 october 2010 and. If you are a woman who is pregnant or on maternity leave, the test is not. The equality act 2010 replaces these individual antidiscrimination laws with a single act. Correction slips if issued will be listed separately. Whilst there are other statutory provisions such as the mental. Pdf on jan 17, 2017, elena fell and others published against discrimination. It therefore does not include any changes made by correction slips issued after it was published. It replaced the disability discrimination act 1995, as well as antidiscrimination legislation on sex, race, religion and so on. Proving disability and reasonable adjustments a guide to. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Question 2 which organisation has responsibility for all types of discrimination and undertakes formal investigations when it believes that an employer is persistently acting unlawfully in respect of discrimination law. The equality act 2010 sets out when someone is considered to be disabled and protected from discrimination. Combining the full text of the act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. So depending on your circumstances, the new act may protect you more. This page gives a short overview of the equality act 2010. The equality act 2010 legally protects people from discrimination in the workplace and in wider society. In this document, any reference to the act means the equality act 2010. The equality act 2010 what does it mean for landlords and tenants. The need to constantly check and recheck has a substantial adverse effect. The equality act 2010 what does it mean for landlords and. An objective test is applied and therefore it must be reasonable for the complainant to have. The definition is quite wide so check it even if you dont think youre disabled. Equality act 2010 discrimination and your rights citizens advice. Equality act 2010, section 6 is up to date with all changes known to be in force on or before 17 april 2020.

In the may 2009 edition of highlights we reported on the publication of the longawaited equality bill. April 5, 2011 to present version 1 of 1 149 public sector equality duty 1 a public authority must, in the exercise of its functions, have due regard to the need to. I want to amend the equality act, says emma dabiri, author of dont touch my hair. Equality act 2010 equality and human rights commission. There are changes that may be brought into force at a future date. The equality bill received royal assent on 8 april 2010 and formally became the equality act 2010. It also provides some changes about which schools need to be aware. Back to the classroom the equality act 2010 and education. Staff impact mitigating action any staff affected by potential transfers to the contractor or to other partner councils will be. Equality act duty yesno notes to demonstrate compliance applicants who have been assessed by the licensing team leader as needing to take the test will be asked if they have a specific disability such as dyslexia or dyspraxia that will affect their ability to take the test. Pdf test file congratulations, your computer is equipped with a pdf portable document format reader. This act brings together lots of different equality laws, many of.

The equality bill finally received royal assent on 8 april 2010, becoming the equality act 2010 the act. The recent decision by the court of appeal in city of york council v grosset 2018 ewca civ 1105 received a certain amount of publicity because the claimant, a teacher who had allowed a class of 15year old pupils to watch the film halloween, which was xrated, was dismissed for. Public sector equality duty as part of the equality act, a public sector equality duty came into force on 5 april 2011. Prior to the introduction of the equality act 2010 there was a confusing mix of antidiscrimination and equality laws. The select committee on the equality act 2010 and disability was appointed by the.

During this lesson, from the equality and human rights commission, students will appreciate the importance of equality by comparing inequalities of the past to their lives today. Youre disabled under the equality act 2010 if you have a physical or mental impairment that has a substantial and longterm negative effect on your ability to do normal daily activities. There are outstanding changes not yet made by the legislation. They will produce a timeline of laws that have been introduced to tackle discrimination and will compete as equality champions in an equality act 2010 quiz.

May 19, 2010 the equality act 2010 one statute to cover all discrimination laws. In order to be protected by the act, a person must have an impairment that meets the acts definition of disability, or be able to establish that any less favourable treatment or harassment is because of another persons disability or because of a perceived disability. Those changes will be listed when you open the content using the table of contents below. Jun 16, 2015 legislation repealed or revoked by the equality act. Equality matters for children childrens rights alliance. Jun 30, 2015 the equality act 2010 the equality act is the law that bans the unfair treatment of employees i. The eqa only protects workers if they have a disability which meets the complex definition in the act. Legislation repealed or revoked by the equality act. The paul wellstone and pete domenici mental health parity and addiction equity act of 2008 mhpaea is a federal law that generally prevents group health plans and health insurance issuers that provide mental health or substance use disorder mhsud benefits from imposing less favorable benefit limitations on those benefits than on medical. You should be able to view any of the pdf documents and forms available on our site. After over a decade in force, the ddas requirements were merged into the equality act 2010. Equality act 2010 equal treatment bench book november 20 2 4. Equality act 2010 under the equality act 2010 described by nhs health scotland it is unlawful to discriminate against someone because of their protected characteristics. The equality act sets out your responsibilities as an employer.

Feb 17, 2014 during this lesson, from the equality and human rights commission, students will appreciate the importance of equality by comparing inequalities of the past to their lives today. The definition is set out in section 6 of the equality act 2010. Equality act 2010 explanatory notes pdf, link to legislation. Equality act 2010 wales briefing from our public law team april 2011 the public sector equality duty the public sector equality duty, brought in by the equality act 2010, came into force across england, scotland and wales on 6 april 2011. Section 15 of the equality act 2010 the decision in city of. The justification test is whether the alleged discriminatory treatment is a proportionate 182 the equality act 2010 and mental health graeme lockwood, claire henderson and graham thornicroft summary one aim of the equality act 2010 is to protect people with disabilities and prevent disability. They give a section by section commentary on the act, often with examples. Equality act 2010 code of practice code of practice on employment this code applies to the provisions in the equality act 2010 that were commenced on 1st october 2010. We wanted to bring these laws together into the equality act so they are.

Sections 1101b, 1106, and 1107 of the civil rights act of 1964 shall apply to section 201 and remedial provisions of this act related to section 201 except that for purposes of that application, a reference in that section 1106 to race, color, religion, sex including. According to the uk government, the definition of a disability under the equality act 2010 is. May 17, 2012 this fully revised edition of blackstones guide to the equality act 2010 covers all recent developments and clearly and concisely explains the intricacies of the equality act. Equality act 2010 2010 chapter 15 an act to make provision to require ministers of the crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socioeconomic inequalities. The equality act 2010 and mental health cambridge core.