Equality Act 2010 – FAQs

Why were there changes to the equality laws?

Before the Equality Act 2010 there were over 100 pieces of discrimination legislation. The 2010 Act brings that legislation together, making it easier for people to understand. At the same time, the law was strengthened to increase protection for some groups of people.

Which groups have more protection now?

• Disabled people. The Act makes it easier for people to meet the definition of having a disability and people with disabilities are now protected from indirect discrimination. People who have had a disability in the past are also covered by the Act.

• Pregnant and breastfeeding mothers. Both staff and students are now protected from discrimination that arises as a result of pregnancy and maternity. Previously, only staff were covered. The Act also focuses on the rights of breastfeeding mothers.

• People who are proposing to change their sex. People no longer have to be under medical supervision to be protected from discrimination.

• Employees who are harassed by a ‘third party’ i.e. someone over whom the employer has no authority, such as a contractor.

• People who associate with someone who has a ‘protected characteristic’ e.g. people who care for elderly relatives or people who are believed to have a ‘protected characteristic’

What are ‘protected characteristics’?

‘Protected characteristics’ are grounds on which discrimination is unlawful. They are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

What counts as discrimination?

There are four types of discrimination:

• Direct discrimination – when someone is treated less favourably than someone else because of a ‘protected characteristic’

• Indirect discrimination – when a rule or policy that applies to everyone causes disadvantages for people with a ‘protected characteristic’

• Harassment – unwanted conduct that has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for someone

• Victimisation – when someone is treated badly because they have made or supported a complaint about discrimination or harassment

Protection has been increased for some groups, but has the single Act diluted the protection in other areas?

No. Protection has either been kept at the same level or increased.

Has the recruitment process changed?

Yes. It is no longer lawful for an employer to ask about the health of a job applicant either before offering work to an applicant, or before selecting someone for interview. The recruitment team in HR will advise on this on a case-by-case basis, as there are some exceptions.

I am a breastfeeding mother and I want to feed my baby on campus. Do I have to go somewhere private?

No. You have the right to breastfeed your baby wherever you like. If you want to feed your baby in private, the University has a responsibility to find somewhere suitable. The First Aid Room (room 4.02 in Biological Sciences on the Colchester campus) is available, and can also be used for mothers to express milk. For similar facilities in Southend and Loughton, please contact the Southend Campus Manager, Zoe Manning, or the Loughton Campus Supervisor, Graham Cushway.

How will the University inform third parties that it is unlawful to harass their employees?

The University’s Guidelines on Harassment and Bullying are available to give to visitors to the University, and we have produced a credit-card size card outlining the behaviour we expect from visitors. Visitors include students, contractors, visiting academics, prospective students, consultants and staff of businesses or organisations hosted by the University.

The Government is currently undertaking a consultation with a view to removing ‘third party harassment liability for employers’ from the statute books. The consultation period ends on 7 August 2012.

What do I need to know as a manager?

You need to know what the ‘protected characteristics’ are and be aware that anyone who has one is protected from discrimination. This means you must consider the potential impact on groups of people or individuals with a ‘protected characteristic’ when making decisions. You also need to be aware of the duty to make reasonable adjustments for disabled people. Equality and Diversity can provide you with advice and guidance. Don’t be afraid to ask!

What changes have been made to University policies?

All the University’s existing equality policies have been updated to:

• reflect the new ‘protected characteristics’

• set out the increased level of protection for some groups

• update the guidance given to staff and students.

The University’s car parking policy has also been changed. For example, if a student who lives on campus is also a carer (for an elderly relative, for example), they can now apply to park on campus when before they could not. Students wanting to know about eligibility to park on campus should contact the Estate Management help desk.

Where can I find out more?

The Equality and Diversity Unit can give you advice and guidance on the Act in general and also on specific queries. You can also find out more on the (external) Equality and Human Rights website.