Did you know?
The Equality Act 2010 (Amendment) Regulations 2023 made a number of changes to discrimination legislation from 1st April 2024?
It is now possible to bring a claim of indirect discrimination by association. For example, if an employer required an employee to come to the office and this was more difficult because they cared for a disabled person this could potentially be indirect discrimination by association. To avoid a successful claim the employer would have to show that there was a strong reason for requiring the employee to be in the office.
• An individual is disabled if they have a physical or mental impairment which has a substantial and adverse effect on the ability to carry out normal day to day activities. When assessing ‘normal day to day activities’ there is now a requirement to consider the extent to which the individual can engage in working life in the same way as other workers. • When bringing a claim of equal pay a claimant has to compare themselves with someone of the opposite sex. The law has been changed to add a ‘single source’ test which means that a comparison can be made with someone of the opposite sex working in a different organisation if their pay is set by the same body.
• It is now possible to bring a claim of direct discrimination if an organisation states that it would discriminate in the recruitment process, even if recruitment is not taking place. For example, if an employer said that they would never recruit a young woman because she might get pregnant that would be direct discrimination even if no recruitment process was taking place.
• If someone is discriminated against because they are breastfeeding this is covered under sex discrimination.
You may have adopted ways of doing things in your business which are just the way things ae done and have been done for a long time however, you should be mindful that these practices may put your business at risk of a claim of discrimination. Unlike Unfair Dismissal, there is no 2 year qualifying period in order to be able to bring a claim under the Equality Act 2010.
If you want to ensure your business minimises any risk to exposure for breach of the Equality Act 2010 and these added protection please do not hesitate to contact a member of the team here Contact – Absolute Works
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