Onus is on businesses to know new equality laws

Sep 29 2010 By Andrew Hebden, The Journal

NORTH East businesses have been warned to tighten up their workplace procedures to ensure they do not fall foul of new legislation that comes into force this week.

On Friday, the first wave of implementation of the Equality Act 2010 will get underway, with widespread implications for employers and employees.

The long-awaited new Act – which was drawn up by the previous government but has been taken up by the Coalition – has been designed to provide a modernised and simplified legal framework for businesses across all equality and diversity issues.

Although different elements of the legislation will come into effect at
different times, Friday marks the first key date for businesses to be aware of.

Last night, Paul Johnstone, a specialist in employment law at Muckle LLP, admitted that awareness of the implications of the new Act varied from business to business.

And while some larger companies were already “ahead of the game” in ensuring that their procedures meet the new requirements, others – particularly smaller firms – needed to act to ensure they do not fall foul of the new Act.

This is especially true for organisations which have contracts with the public sector as they may be jeopardised if the company fails to meet the requirements of the new Act.

One of the key changes for employers to be aware of is tougher legislation surrounding workplace culture.

For example, an employee will be able to make a complaint if he or she hears a colleague making an offensive comment relating to one of the nine so-called “protected characteristics” – disability, gender reassignment, marriage and civil partnerships, pregnancy and maternity, race, religion or belief, sex and sexual orientation – even if they are not the subject of the comment. This would be considered to be asking someone to work in a “hostile environment”.

“It is up to businesses to review their policies and procedures to ensure that comments that relate to the protected characteristics are prohibited,” said Mr Johnstone. “It is important that all employees are told they have to behave in a particular way.”

A second new area relates to employees in public-facing roles, who now have a right to complain to their employer if they are subjected to abuse by a customer. A new “three strikes” rule means that employers are liable for failing to protect the employee if such abuse happens on three separate occasions.
Employers are also advised to get up to speed on new requirements surrounding recruitment as the rules have been tightened on what questions can be asked about a candidate’s disability or health at interview.

Liz Reay, chief executive of Equality North East, said the introduction of the new Act was an opportunity for all organisations to review their policies in this field.

“We welcome the implementation of the Act which will extend and strengthen the legislation which covers people with ‘protected characteristics’ in the hope that it will help to advance equality,” she said.

“It is easy, especially in this economic climate, to put equality on the back burner but we need to continue to work at achieving equality. There are many organisations in this region already aware that good equality practice not only helps you avoid litigation but provides real business benefits.”

For more details about implications of the new Act, visit www.equalities.gov.uk or read more about it at

www.nebusiness.co.uk/equality