Cipd 16 And 23 November 2010

• 1. EQUALITY ACT 2010 AND RECENT DEVELOPMENTS IN EMPLOYMENT LAW
  CIPD NORTH EAST BRANCHNewcastle Business School Northumbria University
  BARRY SPEKER OBE DL
  SENIOR PARTNER
  SAMUEL PHILLIPS LAW FIRM
  [email protected]
  16 and 23 NOVEMBER 2010
  

2. EQUALITY ACT 2010
Background:
Discrimination Law Review and Equalities Review 2005
Fairness and Freedom: Final Report of Equalities Review 2007
Green Paper June 2007 A Framework for Fairness
White Paper June 2008 A Framework for a Fairer Future
Equality Bill introduced April 2009 with further White Paper A Fairer Future
Equality Act Royal Assent 8 April 2010
3. KEY CHANGES

• Extension of Definition of Direct Discrimination to cover associative and perceptive cases

4. Replace on grounds of with because of 5. Harmonise definition of indirect discrimination across all protected characteristics 6. Harmonise justification in discrimination cases as proportionate means of achieving a legitimate aim 7. Remove requirement for a comparator in victimisation cases 8. Harmonise harassment to cover associative and perceptive cases 9. Permits positive discrimination 10. Introduction of combined discrimination 11. Ban on pay secrecy clauses 12. Ban on pre-employment health questionnaires before a job offer is made 13. Allows equal pay claims to be brought as direct sex discrimination claims obviating the need for an actual comparator 14. GORs for all strands of discrimination 15. Changes to victimisation