What is The Equality Act 2010
The Equality Act 2010 provides the main tool for those who wish to make claims about discrimination at Employment Tribunals. The list of protected groups, known as “protected characteristics” are:
- age;
- disability;
- gender reassignment;
- marriage and civil partnership;
- pregnancy and maternity;
- race;
- religion or belief;
- sex;
- sexual orientation.
There are four ways in which the law protects people in these groups:
Direct discrimination
It is unlawful to treat people less favourably because they hold one of the above protected characteristics.
Indirect Discrimination
Organisations should also avoid having policies, criterion or practices (PCP’s) which, although they apply equally to all staff, might have a more negative impact on certain types of staff.
Organisations can implement policies which at first glance look like indirect discrimination but can be shown to be a ‘proportionate means of achieving a legitimate aim’.
Put simply, if the company has a genuine need for it’s policy or rule then even though there is a slightly worse effect on one of the above groups than on other members of staff then it can still continue. The good reason that the company gives is open to challenge at an Employment Tribunal.
Harassment
Harassment is unwanted conduct which makes a person feel really uncomfortable and embarrassed or creates an environment in the workplace that is intimidating, hostile, degrading, humiliating or offensive.
Victimisation
The Equality Act 2010 protects individuals from being treated less favourably when they take steps to try to resolve discrimination issues that they encounter at work. This is known as victimisation.
Following on from the example above:
Stella submits a formal grievance (official complaint) about the way her colleagues are behaving. She is told by Ian, the Managing Partner at her grievance hearing that they are just joking around and they have always made silly jokes about patients. He goes on to say that she does not seem to fit in with the team and that she certainly wont be getting the promotion she has applied for if she has no sense of humour. Stella has been treated less favourably as a result of her complaint she has therefore been victimised.
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Tom Street qualified as a solicitor in 2003 and has over 20 years experience in employment and litigation law. He studied law at the University of Manchester before undertaking the legal practice course at the College of Law in Guildford, going on to complete his legal training at a firm in Chancery Lane, London. Once fully qualified, he moved to a niche litigation practice in the City of London.
In 2010, Tom set up his own legal practice, Tom Street & Co Solicitors and as part of this, in accordance with his strongly held objective to provide everyone with an easy pathway to justice he established the online portals Do I Have A Case? and Tribunal Claim. These websites are trading names of Tom Street & Co Solicitors.