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The Law

The following information should be viewed as an indicative guide to the Equality Act 2010. This is not a comprehensive guide to the Act, more an overview of the main points in relation to key equality strands.

Equality Act 2010

The aim of the Equality Act 2010 is to 'harmonise discrimination law, and to strengthen the law to support progress on equality' The Act has replaced all existing equality legislation, including the Equal Pay Act.

Protected characteristics

The following are classed as 'protected characteristics' in equality law:

Disability

The law defines a disabled person as "someone with a physical or mental impairment which has a substantial and long term adverse effect on his/her ability to carry out normal day to day activities". The definition is quite broad and includes, among other conditions, Multiple Scherosis, chronic pain disorders, cancer and long term mental health conditions.

Gender reassignment

Gender reassignment is defined as 'a process which is undertaken under medical supervision for the purpose of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process'. It is sometimes referred to as a 'sex change', though this term is now considered offensive to many members of the transgender community.

Race

It is unlawful to discriminate against someone on grounds of their: race (e.g. whether they are Caribbean or Asian), their colour (e.g. whether they are black or white), nationality (e.g. whether they are Bangladeshi or Nigerian), their national origin (e.g. whether they are Welsh or Kurdish) or their ethnic origin (e.g. whether they are Jewish). 

Religion and Belief

Discrimination law covers any religion, religious belief or similar philosophical belief, but does not cover political belief or cults. Minority religions are treated with the same consideration and respect as more prominent religions. There is no exhaustive definition of these beliefs, but in a recent legal case it was determined that in order to be protected by law it must 'cogent, serious and worthy of respect in a democratic society'. There has been a tribunal case where a belief in man-made climate change met this threshold.

Sex

The Equality Act recognises sex as a protected characteristic that protects men (being a man) and women (being a woman). Pregnancy and maternity and gender re-assignment are now separate protected characteristics.

Sexual orientation

The term describes whether an individual is attracted towards people of the same sex (heterosexual), opposite sex (gay/lesbian) or both sexes (bisexual). It is not necessary to disclose sexual orientation when bringing a claim and an individual can bring a claim if they are discriminated against on the basis that if they are perceived to be gay, lesbian, bisexual or heterosexual regardless of whether they actually are.

Key concepts

These legal concepts are the backbone of equality law and are consistent across the protected characteristics. An in-depth knowledge of the law is not required in most situations. For more advice on the law or to arrange a training session for your department contact equalities@ucl.ac.uk

Direct discrimination

Person A discriminates against person B on the grounds of a protected characteristic. A treats B less favourably than s/he treats or would treat other people on the grounds of a protected characteristic.

Example:

'I'm not employing her because she might get pregnant' (direct sex discrimination)

Indirect discrimination

Person A discriminates against person B, if A applies to B a provision, criterion or practice which s/he applies or would apply to everyone, but:

Example: 'We are proud that all our staff are required to have university degrees, even the junior administrators' (indirect race discrimination)

Victimisation

If a person is treated less favourably after they have brought, or given evidence in a case of discrimination, this is unlawful.

Example: 'I lost some of my responsibilities after I made a complaint about the sexist banter in the office'

Harassment

A person subjects another to harassment where s/he engages in unwanted conduct which has the purpose or effect of:

(a) violating that other person's dignity, or

(b) creating an intimidating, hostile, degrading, humiliating or offensive environment for her/him.

For more information visit our staff anti-harassment website

Discrimination by association

This is when an individual is discriminated due to their association with another person on the grounds of a protected characteristic. For example, an individual may be subjected to harassment by their colleagues because they need to take time off to look after their disabled child. The harassment is on the basis of their child's disability not the individual's.

Positive Action

The 2010 Act permits employers to take measures designed to redress imbalances and counteract the effects of past discrimination. This is known in the law as 'positive action' and is designed to ensure that people from previously underrepresented groups can compete on equal terms with other applicants.

Employers can encourage job applications from underrepresented groups by the use of positive action statements in job adverts. It is UCL policy to do this. Appointments must be made entirely on merit, though if the situation arises that there are two equally strong candidates at interview the post can be offered to the person from an underrepresented group.

Employers can also provide training or mentoring only for a particular group, if in the preceding 12 months there were no persons from that group doing the work, or their number is small in comparison with those employed in the rest of the organisation, or in comparison with the population from which the employer normally recruits.

Reasonable adjustments

The adaptations made in the workplace to enable a disabled person to work. These can include specialist equipment, a change to the hours or location of work or a reallocation of duties. The 'reasonable' test takes into account several factors such as cost, impact on other team members, the nature of the work and space.

Genuine Occupational Requirement (GOR)

An employer is allowed, when recruiting for a post, to treat job applicants differently if possessing a particular characteristic is a genuine requirement for that post. For example, it would be reasonable to require that a counsellor for female students who had experienced sexual harassment was female.

 

 

 

Last updated: 23rd April 2014