Equality Act 2010 – Where Are We Now?

September 2010

The Government has now published the final list of the Equality Act provisions, which will come into force on 1 October 2010. The main provisions that will come into force on that date will include:-

  • the new concept of “discrimination arising from disability”;
  • preventing employers from asking pre-employment health questions apart from in specific circumstances;
  • direct discrimination covering ‘associative’ and ‘perceptive’ cases;
  • making pay secrecy clauses unenforceable;
  • providing new powers for Employment Tribunals to make recommendations in relation to the workforce as a whole;
  • harmonising the definition of indirect discrimination to all protected characteristics;
  • extending protection from third party harassment to all protected characteristics; and
  • general provisions allowing voluntary positive action.

The Government is still considering how to implement other provisions including those relating to combined discrimination, gender pay gap information and positive action in recruitment and promotion.