Minimum wage
Adult Rate increases to £5.93. This rate now applies from 21+ not 22+
More info: www.direct.gov.uk
Equalities Act Key Changes:
A summary for non-public sector employers
Don't panic!
Much fuss is being made about the Equalities Act 2010 especially by the media and even the official Equality Act Impact Assessment says that "In the first year, the Equality Act is estimated to cost up to £283 million."
But at Hornet Solutions we are advising our clients not to panic. Most of the legislation just replaces and consolidates previous anti-discrimination legislation and actually removes some of the anomalies in previous law.
There are some changes to terminology and of substance but we don't believe these should cause major problems for the discrimination-aware private sector organisation.
What's in a word?
An important conceptual change is the introduction of the idea of "protected characteristics" as opposed to a protected person. This terminology change has a significant substantial impact and has led to the widening of the types of discrimination that a person can complain of.
"Don't you dare discriminate in my presence!"
As a result of this terminology change we now have more types of discrimination a worker can complain of:
- Associative discrimination.
A person can now raise a discrimination claim if they suffer detrimental treatment because of their association with someone else who has a protected characteristic, eg they are bullied because they have a disabled son.
- Perceived discrimination.
A person can now raise a discrimination claim if they suffer detrimental treatment because other people think they have a protected characteristic, eg they are bullied because other workers assume they are homosexual but in reality they are heterosexual.
- Third Party Discrimination.
A person can now raise a discrimination claim if they suffer detrimental treatment from a third party, ie not their employer or colleagues, because of a protected characteristic, eg a waitress being harassed by a customer.
- Discriminative behaviour directed at someone else.
A person can now raise a discrimination claim if they are aware that someone else is bullying another person because of a protected characteristic, even if this behaviour is not aimed at the person complaining. For example, a male employee can claim if his male manager harasses the female receptionists because of their gender.
"You earn HOW MUCH?!!"
Employers can no longer use contractual clauses to prevent employees discussing their pay levels, if the purpose of the discussion is to identify whether there is a pay difference based on gender. If the purpose is general nosiness, the pay secrecy clauses are still valid!
"Am I fit for the job? NONE OF YOUR BUSINESS!!!"
Prior to job offer, asking health questions now becomes a high risk area. If you feel you need to do this for your specific job, contact Hornet Solutions and take advantage of the "30 Minutes free no obligation consultation" for all new clients.
Discrimination, a positive approach?
For the very first time (apart from disability), positive discrimination is now allowed! As long as it is a proportionate means of achieving a legitimate aim. However do this at your peril – let others test this in the tribunals first!
It was, and still is, lawful to positively discriminate towards disabled people.
When is a transsexual a transsexual?
From now on a transsexual no longer needs to be under medical supervision to sue for discrimination.
WORRIED ABOUT ANY OF THE ABOVE?
½ HOUR FREE, NO OBLIGATION, NO HARD SELL, CONSULTATION TO SET YOUR MIND AT REST
This article is only a general guide; it is not necessarily comprehensive and does not purport to give professional or legal advice. Specialist advice should be sought about your specific circumstances. Contact Karen.