Under the so called "Equality Act" which was Harriet Harman's legacy and has just come into effect all sorts of "groups" such as vegans, teetotallers, athiests etc. are to be given the same protection as religious groups, AND, gypsies and travellers are granted "special status" because they are "socio-economically disadvantaged".
Worst of all however, it introduces the concept of "third party harassment" meaning employers are legally responsible for protecting staff from such things as abuse by customers.
As this new law stands employers could be sued if a staff member makes a joke which another staff member (who bizzarely doesnt even have to overhear the joke) feels "offended by it.
In addition there are proposals not yet implimented to enforce "positive discrimination", to force local authorities to spend extra money in allegedly "deprived" areas, and possibly to force companies to move to "deprived" areas and to possitively discriminate in favour of job applicant from such areas or from "minority" groups.
In full the provisions which came into force on 1st October 23010 are -
- The basic framework of protection against direct and indirect discrimination, harassment and victimisation in services and public functions; premises; work; education; associations, and transport.
- Changing the definition of gender reassignment, by removing the requirement for medical supervision.
- Levelling up protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic, so providing new protection for people like carers.
- Clearer protection for breastfeeding mothers;
- Applying the European definition of indirect discrimination to all protected characteristics.
- Extending protection from indirect discrimination to disability.
- Introducing a new concept of “discrimination arising from disability”, to replace protection under previous legislation lost as a result of a legal judgment.
- Applying the detriment model to victimisation protection (aligning with the approach in employment law).
- Harmonising the thresholds for the duty to make reasonable adjustments for disabled people.
- Extending protection from 3rd party harassment to all protected characteristics.
- Making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health.
- Allowing claims for direct gender pay discrimination where there is no actual comparator.
- Making pay secrecy clauses unenforceable.
- Extending protection in private clubs to sex, religion or belief, pregnancy and maternity, and gender reassignment.
- Introducing new powers for employment tribunals to make recommendations which benefit the wider workforce.
- Harmonising provisions allowing voluntary positive action
Personally if any of my staff make a complaint against another member of staff because of a bit of office banter then they had better file a claim for unfair dismisal too because I would instantly dismiss them I expect staff to be reasonable adults - not politically correct muppets.
Replies (11)
Please login or register to join the discussion.
That's OK then we've got a bit of time yet
In full the provisions which came into force on 1st October 23010
Heard them discussing it on the Today programme yesterday morning. Unfortunately the person trying to explain it so far as the third party bits was not making a very good job of it.
By the way
The Commencement Order which brought into force on 1 October 2010 most of the provisions of the Equality Act 2010 is signed by Theresa May, not Harriet Harman.
David
As a Teetotaller...
... I now have the same rights as a religious group? Neat!
I might sue Wards for the fact I had to smell hops when I walked past their brewery every morning when I was younger.
Easy solution
Don't employ anyone. We all end up poorer but as long as noone is offended that's OK.
Well done Hattie - lots more jobs will be exported
All the more reason to outsource to India and not employ in the UK.
To C_D
Wrong.
How can you possibly sue me for not employing you, when I am not recruiting anybody?
Or to put it another way - I hereby apply for the position as your partner.
What, you don't want me??
Must be because I'm English and you aren't.
See you in front of the Tribunal, where if your logic is correct, I will win.
Worse than that
Between Harry Harmwomen & Terry Might too, they've more or less themselves provided the perfect examples in support of misogynists everywhere and set back the cause of equality back to pre-Pankhurst days.
That's where positive discrimination gets you, I'm afraid; lunatics in charge of the asylum just long enough to be dangerous.