14/10/2010 12:56:34
 www.clicklegalservices.co.uk Administrator Posts: 374
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Ninety per cent - or thereabouts - of the Act came into force as at 1st October. Governments (for reasons known only to them) seem to like bringing in Acts into force, in stages. Sometimes parts of an Act are never implemented (which begs the question as to why they were in, in the first place). May be we cannot deal with the 10% and are going to descend into meltdown? The Act’s aim is to make the law more simplified - by consolidating and unifying no fewer than 9 separate elements of discrimination legislation under a single act. The legislation consolidated is: · Equal Pay Act (1970) · Sex Discrimination Act (1975) · Race Relations Act (1976) · Disability Discrimination Act (1995) · Employment Equality (Religion or Belief) Regulations (2003) · Employment Equality (Sexual Orientation) Regulations (2003) · Employment Equality (Age) Regulations (2006) · Equality Act (2006) · Equality Act (Sexual Orientation) Regulations (2007)
The main changes include:
Formally making any pay secrecy 'gagging' clauses - unenforceable (not that we have ever seen one of these by the way). It was always fairly obvious to us anyway that, if, for example, there was an equal pay issue - perhaps involving making an enquiry as to what a potential comparator was earning, if refused for fear of being in breach of the “gag” then it was always likely to be held that the gagging clause was, almost certainly, likely to be unenforceable anyway. Giving disabled persons additional protection – in limiting the situations where prospective employers can inquire after disability or health before making any offer. Additional powers for employment tribunals - they can now make recommendations affecting the employer’s workforce en masse (not simply the specific employees who bring a claim). Additional responsibilities for employers to protect their staff from harassment by customers. The DWP, GP’s Hospitals, Police and Solicitors (perhaps? Perhaps not not)? Beware! Clearly, dealing with nine different pieces of legislation for employers (and solicitors for that matter! and which overlapped to a large extent anyway) was an unnecessary headache and the Act – if it fulfils its aims to put the law in one place, is to be welcomed.
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