The Employment Equality Act of 2010 contains important guidelines for employers on avoiding discrimination both in the workplace and during the recruitment process. Potential discrimination in the workplace comes in many forms, with some of the most common complaints relating to the following protected characteristics:
- Age
- Gender
- Race
- Sexuality
- Disability
- Nationality
For example, it is legal for an employer to make certain requests for information about disability when recruiting, however they must ensure that ‘reasonable adjustments’ are made to avoid disabled applicants being put at a disadvantage compared to those without disability. Requests they make are solely for the purpose of ensuring the disability would not prevent the applicant from being able to do the job, and to discover what kind of adjustments would have to be made to the workplace to accommodate them. Aside from this, it is only legal to perform the same actions as would be taken for an able bodied applicant such as background checks and references.
Employers' duties under the Employment Equality Act
As well as ensuring that disabled applicants or members of staff are not treated any differently, employers must also make sure that they do not discriminate on any other grounds. This includes ensuring that any redundancy selections are fair, and not determined by age, personal relationship, or for any other reason which could be considered discriminatory. Also covered in the act are guidelines related to workplace relationships, including family relations or romantic involvement. A current relationship must not lead to a member of staff being treated favourably over others, covering such incidents as promotions over more deserving or qualified members of staff. Previous relationships are also included under the Employment Equality Act 2010, with guidelines in place to ensure that a relationship which has ended does not lead to an employee being harassed or treated unfairly.
Employment Equality Act 2010 advice from Peninsula
The Employment Equality Act is extremely wide ranging, covering a great number of topics. If you have a discrimination issue or need advice on anything else which may be incorporated into the Act, contact Peninsula on 0844 892 2772 or by using advice@peninsula-uk.com. Alternatively, you can download Peninsula's employment law app to your mobile device or tablet. Peninsula can also provide employment tribunal representation if your company is facing a tribunal related to the Equality Act or any other form of discrimination. Our experience and knowledge is second to none, ensuring your business is in the safest hands possible and is fully compliant with the Employment Equality Act.
