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 Equality ACT 2010 - Finally here!Equality Act 2010 The Equality Act 2010 came into being in April 2010, as one the last pieces of legislation to be enacted before the 2010 general election. Content Parliament explains that; “The Bill will harmonise and in some cases extend existing discrimination law covering the 'protected characteristics' of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It will address the impact of recent case law which is generally seen as having weakened discrimination protection, and harmonise provisions defining indirect discrimination.” The Government Equalities Office states that; “The Equality Bill strengthens existing equality law by: I. Introducing a new public sector duty to consider reducing socioeconomic inequalities; II. Putting a new integrated Equality Duty on public bodies; III. Using public procurement to improve equality; IV. Banning age discrimination outside the workplace; V. Requiring gender pay and employment equality publishing; VI. Extending the scope to use positive action; VII. Strengthening the powers of employment tribunals; VIII. Protecting carers from discrimination; IX. Clarifying the protection for breastfeeding mothers; X. Banning discrimination in private members’ clubs; XI. Strengthening protection from discrimination for disabled people; and XII. Protecting people from dual discrimination - direct discrimination because of a combination of two protected characteristics.” Implications The provisions of the Act in relation to prohibiting discrimination in the workplace will come into effect in October 2010. An immediate implication of this for all organisations is that they should revise and update their equality policies and implementation plans. For example, they should give careful consideration to all ‘protected characteristics’ (listed above) and to how disabled employees and job applicants are provided for. Failure to do so could result in an increased number of challenges by employees and job seekers. The implementation of more complex, and potentially far-reaching, elements of the Act have been delayed, to allow organisations time to prepare for them. For example, the integrated Public Sector Equality Duty and Socio-Economic Duty will come into force in April 2011. These Duties will impact particularly on those supplying to the public sector and delivering services on its behalf. In terms of public procurement, April 2011 is not far away and so public sector suppliers and potential suppliers should begin preparing for them. The Public Sector Equality Duty will require most public bodies to promote equality of opportunity for a range of ‘protected groups’. In practical terms, this will mean that the public sector; o must ensure that equality factors are considered as part of public procurement activities to help contribute to the delivery of overall equality objectives, in relation to a wide range of ‘protected characteristics’ o can consider using equality-related award criteria o can consider incorporating equality-related contract conditions This is likely to result on a ‘raising of the bar’ on equality standards expected of potential suppliers to the public sector. The Socio-Economic Duty is aimed at tackling socio-economic disadvantage. The Government Equalities Office explains; “Inequality and disadvantage are not only associated with issues such as gender, age, disability or ethnicity. Overarching and interwoven with these is the persistent inequality that results from someone’s family background or where they were born. The new duty set out in clause one of the Equality Bill will require Government departments, local authorities and key health bodies to consider, in all the strategic decisions they make, how they will tackle the disadvantage some people face because of socio-economic disadvantage. “ The Socio-Economic Duty has the potential to form the basis for the design and inclusion of ‘social clauses’ in public sector tenders and contracts that go beyond the types of ‘social’ and ‘community benefit’ clauses that have been used in public procurement to date. The Government Equality Office has begun consultation of the specifics of how these Duties will be implemented. These Duties were controversial when introduced to parliament, but they were passed through with the agreement of both main parties. They are most likely to be implemented, therefore, whatever the result of the 2010 general election. FSquared and the Equality Act 2010 FSquared works extensively with clients to develop and embed equality, diversity and inclusion across their organisations and through their supply chains. We have been supporting clients to become compliant with all aspects of the Equality Act 2010 for several months and anticipate demand for this service to escalate. Such activity is a particular priority for those bidding to, or already selling into, the public sector as it supports the continuing delivery of current contracts and securing of new ones. The Equality Act 2010 requires such businesses to integrate equality into the DNA of their organisation; it is not an optional ‘add on’. FSquared has supported organisations to both develop social clauses for use in tenders and contracts and to respond to them. This activity will undoubtably increase as the Socio-Economic Duty is implemented. We are excited at the potential that careful use of this Duty has to bring social and economic opportunities to disadvantaged communities. |