Upcoming Changes to the Equality Act 2010
In January 2024, significant amendments to the Equality Act 2010 will come into force, bringing about changes that will impact various industries. These amendments aim to strengthen existing protections against discrimination and extend them further to safeguard the rights of individuals based on their protected characteristics.
The amendments to the Equality Act 2010 are as follows:
Enhanced Protection for People with Disabilities
The amendments will extend comprehensive protection at work for individuals with disabilities, ensuring that their ability to participate in working life on an equal basis with others is not hindered. The revised definition of disability will specifically consider a person’s ability to engage in day-to-day activities, encompassing the full spectrum of their capabilities and limitations.
Shielding from Discriminatory Recruitment Practices
To address discriminatory practices in the recruitment process, the amendments will safeguard individuals from prejudicial statements made by employers regarding opportunities or their intent to avoid hiring individuals with certain protected characteristics. This protection extends even in the absence of an active recruitment campaign or an identifiable target.
Strengthening Protection Against Indirect Discrimination by Association
The amendments reaffirm the right to claim indirect discrimination by association and extend protection to those without a relevant protected characteristic but who suffer disadvantage due to an employer’s practice or criterion (PCP) that indirectly discriminates against those with that characteristic. This ensures that individuals affected by such practices are not left without recourse.
Protecting Breastfeeding Mothers from Discrimination
Recognising the unique challenges faced by breastfeeding mothers in the workplace, the amendments expressly protect women from less favourable treatment based on breastfeeding. This confirmation explicitly aligns employment discrimination on breastfeeding with the protected characteristic of sex, safeguarding the rights of women in this regard.
Guarding Against Post-Maternity Discrimination
To prevent unfair treatment of women upon their return from maternity leave, the amendments prohibit unfavourable treatment that is connected to a pregnancy or pregnancy-related illness that occurred before their return. This provision upholds the principle of equal treatment for women throughout their pregnancy-related absences.
Extending Protection for Pregnant Workers Without Statutory Leave
The amendments broaden protection to encompass women who do not have statutory maternity leave but hold similar rights under alternative occupational schemes. This ensures that the principle of non-discrimination applies to all women, regardless of the type of maternity leave they are entitled to.
Reaffirming Employer Support for Maternity Provisions
The amendments confirm that employers can continue to provide special treatment to women in connection with maternity, such as enhanced occupational maternity schemes. This acknowledges the unique needs of women during and after their maternity leave and allows employers to support them effectively.
Establishing ‘Single Source’ Test for Equal Pay Comparators
To facilitate fair comparisons in equal pay claims, the amendments solidify the ‘single source’ test. This test allows for the establishment of an equal pay comparator even if employees’ terms and conditions are attributable to a single source but not the same employer. This flexibility enhances the ability to identify and address pay disparities.
Equality Act 2010 – Pre-emptive Measures for Compliance
To effectively navigate the upcoming changes, companies should proactively implement measures to ensure they are compliant with the new provisions. Here are some key steps companies can take:
- Review and Update Policies and Procedures: Conduct a thorough review of existing equality policies and procedures to ensure they align with the amended provisions of the Equality Act 2010.
- Conduct Training and Awareness Sessions: Organise training sessions for employees across all levels to raise awareness of the changes and reinforce their understanding of equality principles.
- Promote Inclusive Recruitment Practices: Implement inclusive recruitment practices that eliminate discrimination based on protected characteristics and promote fair and equitable hiring decisions.
- Review Contracts and Supplier Relationships: Evaluate existing contracts and supplier relationships to ensure they comply with the amended legislation and foster an inclusive environment for all parties involved.
- Seek Expert Guidance: Consult with legal and HR professionals specialising in equality law to gain tailored guidance and support in implementing compliance measures.
How Can We Help You?
At Your Tender Team, we recognise the importance of ensuring you are fully prepared for the upcoming changes to the Equality Act 2010 and reflecting this within your tender responses. Throughout the tendering process, we can assist you in:
- Benchmarking against best practices: Identifying industry-specific best practices and incorporating them into your tender documentation to demonstrate a commitment to equality and diversity.
- Tailoring your tender responses: Strategically aligning your tender responses with the new equality compliance requirements to enhance your chances of securing contracts.
- Providing expert advice: Offering expert advice and guidance on the specific implications of the amendments for your industry and ensuring your tender documents are compliant.
During our engagement with you, we will enquire about your equality and diversity policies and request examples of inclusive recruitment methods, equality and diversity practices within the workplace, and how you are promoting equality within your services. By having high-quality examples and information available, we can personalise your tender responses to help you stand above the competition. See our Full Tender Write and Review & Evaluation pages for more information on how we can support you with bid writing.