| The Equality Act (8th April 2010) will come into force in | | | | these duties still apply. |
| October of this year representing the most radical | | | | - Permission of voluntary positive action by employers. |
| changes to employment law in thirty five years, in the | | | | This means that legally employers have the option |
| United Kingdom. This act has been developed with | | | | now to employ a candidate with a "protected |
| two specific purposes in the eyes of the government; | | | | characteristic" over other candidates if this will allow |
| to strengthen and consolidate the law in relation to | | | | them to overcome a disadvantage due to this |
| equality and to simplify and harmonise existing | | | | characteristic or if this would result in them being |
| discrimination legislation. The intent was to counteract | | | | employed in an area in which their characteristic is |
| two specific economic risks present under previous | | | | under represented. This is not a legal requirement and |
| legislation; the risk to the transparency of the law | | | | is optional to employers. |
| brought about by the ambiguity of current legislation | | | | - The Additional Paternity Leave Regulations will be |
| leading to legal cases arising from ignorance and the | | | | enforceable for any parents with a child due on or |
| risk to the efficiency of markets as a result of the | | | | after the 3rd April 2011. This will change the |
| continued discrimination and persistent disadvantage of | | | | entitlements of employees in relation to maternity |
| specific socio-economic groups. It also poses changes | | | | leave; specifically this will entitle up to 6 months of |
| that will hopefully lead to the more efficient operation | | | | leave for the care of a child by the father (secondary |
| of the judicial system in relation to equality cases. | | | | adopter in the case of adoption) if the mother (primary |
| Ideology aside such changes in law leave us asking, | | | | adopter) returns to work before exercising their full |
| how this will affect my business. Although the full | | | | entitlement to maternity (adoption) leave. This can be |
| implications of such an act can never be realised initially | | | | for a minimum of 2 weeks up to a maximum of 26, |
| the following have been highlighted as areas in which | | | | the mother (primary adopter) must have returned to |
| the law will cause change to employer's routines in | | | | work and the child must be aged between twenty |
| relation to the procurement and management of | | | | weeks and a year old (placed for more than 20 |
| employees. | | | | weeks but less than a year). The right to return to |
| - Pre-Employment Health Enquiries have now been | | | | work for the father (secondary adopter) in this |
| banned specifically aimed at health questionnaires | | | | situation will equal that of a mother (primary adopter) |
| provided as part of an application for a position of | | | | returning from maternity (adoption) leave. |
| employment. These will no longer be acceptable | | | | - Given the new regulations of the Equality Act pay |
| except in specific cases such as those in which the | | | | secrecy clauses will be unenforceable in situations |
| medical health of an employee is vital to fulfilling the | | | | between colleagues (or previous colleagues) where |
| role offered. If you believe a position you are proposing | | | | the purpose of the conversation is to ascertain |
| is as such I would suggest checking this information, as | | | | whether a "protected characteristic" is leading to |
| infringement of these new provisions may result in | | | | unequal pay. Although pay secrecy clauses which |
| enforcement action from the Equality and Human | | | | relate to other areas (no release of pay details to |
| Rights Commission. It is still however the obligation of | | | | competitors etc.) will still be legitimate in the event an |
| the employer to ask if any special provisions are | | | | employer enforces discipline in a case which is |
| needed to facilitate an interview. It is also worth noting | | | | deemed to be of the above nature this will be viewed |
| that although such questionnaires are not banned after | | | | legally as victimising employees. |
| an offer of employment has been given if such an | | | | Such changes to regulations represent a massive |
| offer is then retracted the burden will lie on the | | | | underlying economic effort and the capital investment |
| employer to prove this was not due to any information | | | | required across an economy to adjust to new laws of |
| obtained of the employee's medical status. | | | | this calibre can be staggering. For small businesses |
| - Already in use are the new "fit notes" (Social | | | | however, regardless of how daunting changes in |
| Security and Statutory Sick Pay Medical Evidence), to | | | | legality may seem, with the right direction adjustment |
| replace "sick notes" which we are all accustomed to. | | | | can be made at minimum cost and minimum time |
| Although performing the customary role of the sick | | | | investment. The main points for businesses to take |
| notes doctors will now give details of what a person is | | | | would be to review their Equality Policy to ensure it is |
| capable of doing in a working environment while they | | | | compliant with the new act and ensure it is actively |
| are sick and what reasonable adjustments an | | | | fulfilled, it should also be ensured that not only those in |
| employer can make to help them return to work. As a | | | | senior positions be fully understanding of the changes |
| doctor is unqualified to judge if an individual is fit for | | | | the act represents but that all staff have an |
| work across the diversity of industries in our society | | | | understanding of your compliant equality policy and |
| these notes and their conclusions are not binding to the | | | | carry out their actions in a manner that satisfies this, |
| employer but should be taken into heavy consideration | | | | failure to do so may result in legal action but also may |
| along with industrial guidelines, health and safety etc. It | | | | be the difference in the success of future business |
| should also be noted that the adjustments noted by a | | | | ventures with most large organizations and the public |
| doctor in these do not over rule the duties of the | | | | sector as a whole now taking issues of equality within |
| employer in relation to providing reasonable | | | | their supply chains, affiliates etc. very seriously. |
| adjustments under the Disability Discrimination Act and | | | | |