Equality Bill
Encyclopedia
The Equality Act 2010 (c 15) is an Act
of Parliament of the United Kingdom
.
The primary purpose of the Act is to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law
in Great Britain. This was, primarily, the Equal Pay Act 1970
, the Sex Discrimination Act 1975
, the Race Relations Act 1976
, the Disability Discrimination Act 1995
and three major statutory instruments protecting discrimination in employment on grounds of religion or belief
, sexual orientation and age
. This legislation has the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there are special protections for pregnant women. However the Act allows transsexual people to be barred from gender-specific services if that is "a proportionate means of achieving a legitimate aim". In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited exceptions the Act does not apply to Northern Ireland
.
included a commitment to an Equality Bill in its 2005 election manifesto. The Discrimination Law Review was established in 2005 to develop the legislation and was led by the Government Equalities Office
. The review considered the findings of the Equalities Review Panel, chaired by Trevor Phillips
, which reported in February 2007. The Act is intended to simplify the law by bringing together existing anti-discrimination legislation. The Equality Act 2010 has replaced the Equal Pay Act 1970
, Sex Discrimination Act 1975
, Race Relations Act 1976
, Disability Discrimination Act 1995
, Employment Equality (Religion or Belief) Regulations 2003
, Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006
.
The Act extends until 2030 the exemption from sex discrimination law allowing political parties to select all women or all men candidate short-lists. The existing exemption until 2015 was created by the Sex Discrimination (Election Candidates) Act 2002
.
The Parliamentary process was completed following a debate, shortly after 11pm on 6 April 2010, when amendments by the House of Lords were accepted in full.
Vera Baird
announced that as part of the Single Equality Bill, legislation would be introduced to repeal parts of the Act of Settlement 1701
that prevent Roman Catholics or those who marry Roman Catholics from ascending to the throne, and to change the inheritance of the monarchy from cognatic primogeniture to absolute primogeniture, i.e. the first-born heir would inherit the throne regardless of his or her gender or religion.
However, Attorney General The Baroness Scotland of Asthal
subsequently ruled there would be no change in the law of succession in 2008, saying, "To bring about changes to the law on succession would be a complex undertaking involving amendment or repeal of a number of items of related legislation, as well as requiring the consent of legislatures of member nations of the Commonwealth". The published draft bill does not contain any provisions to change succession laws.
- Employment Implications]
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
.
The primary purpose of the Act is to consolidate the complicated and numerous array of Acts and Regulations, which formed the basis of anti-discrimination law
Anti-discrimination law
Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes...
in Great Britain. This was, primarily, the Equal Pay Act 1970
Equal Pay Act 1970
The Equal Pay Act 1970 is an Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. It was passed by Parliament in the aftermath of the 1968 Ford sewing machinists strike and came into force on 29...
, the Sex Discrimination Act 1975
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...
, the Race Relations Act 1976
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of...
, the Disability Discrimination Act 1995
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010 , except in Northern Ireland where the Act still applies...
and three major statutory instruments protecting discrimination in employment on grounds of religion or belief
Employment Equality (Religion or Belief) Regulations 2003
The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief...
, sexual orientation and age
Employment Equality (Age) Regulations 2006
The Employment Equality Regulations 2006 is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on October 1, 2006...
. This legislation has the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements. It requires equal treatment in access to employment as well as private and public services, regardless of the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. In the case of gender, there are special protections for pregnant women. However the Act allows transsexual people to be barred from gender-specific services if that is "a proportionate means of achieving a legitimate aim". In the case of disability, employers and service providers are under a duty to make reasonable adjustments to their workplaces to overcome barriers experienced by disabled people. In this regard, the Equality Act 2010 did not change the law. Under s.217, with limited exceptions the Act does not apply to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
Background
The Labour PartyLabour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
included a commitment to an Equality Bill in its 2005 election manifesto. The Discrimination Law Review was established in 2005 to develop the legislation and was led by the Government Equalities Office
Government Equalities Office
The Government Equalities Office is a United Kingdom government department. It was created in October 2007 when the Women and Equality Unit, based within the Department for Communities and Local Government was converted into an independent department.It has lead responsibility for gender equality...
. The review considered the findings of the Equalities Review Panel, chaired by Trevor Phillips
Trevor Phillips
Trevor Phillips OBE chairs the Equality and Human Rights Commission and is a former television executive and presenter...
, which reported in February 2007. The Act is intended to simplify the law by bringing together existing anti-discrimination legislation. The Equality Act 2010 has replaced the Equal Pay Act 1970
Equal Pay Act 1970
The Equal Pay Act 1970 is an Act of the United Kingdom Parliament which prohibits any less favourable treatment between men and women in terms of pay and conditions of employment. It was passed by Parliament in the aftermath of the 1968 Ford sewing machinists strike and came into force on 29...
, Sex Discrimination Act 1975
Sex Discrimination Act 1975
The Sex Discrimination Act 1975 is an Act of the Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act concerned employment, training, education, harassment, the provision of goods and services, and the disposal of premises...
, Race Relations Act 1976
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of...
, Disability Discrimination Act 1995
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010 , except in Northern Ireland where the Act still applies...
, Employment Equality (Religion or Belief) Regulations 2003
Employment Equality (Religion or Belief) Regulations 2003
The Employment Equality Regulations 2003 is a plank of United Kingdom labour law designed to combat discrimination in relation to people's religion or belief, or absence of religion or belief...
, Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006
Employment Equality (Age) Regulations 2006
The Employment Equality Regulations 2006 is a piece of secondary legislation in the United Kingdom, which prohibits employers unreasonably discriminating against employees on grounds of age. It came into force on October 1, 2006...
.
The Act extends until 2030 the exemption from sex discrimination law allowing political parties to select all women or all men candidate short-lists. The existing exemption until 2015 was created by the Sex Discrimination (Election Candidates) Act 2002
Sex Discrimination (Election Candidates) Act 2002
The Sex Discrimination Act 2002 is an Act of the Parliament of the United Kingdom. The purpose of the Act was to exempt the selection of candidates in parliamentary elections from the provisions in the Sex Discrimination Act 1975 and the Sex Discrimination Order 1976 that outlaw sexual...
.
The Parliamentary process was completed following a debate, shortly after 11pm on 6 April 2010, when amendments by the House of Lords were accepted in full.
Contents
- Part 1 Socio-economic inequalities (but this will not come into force)
- Part 2 Equality: key concepts
- Chapter 1 Protected characteristics
- Chapter 2 Prohibited conduct
- Part 3 Services and public functions
- Part 4 Premises
- Part 5 Work
- Chapter 1 Employment, etc.
- Chapter 2 Occupational pension schemes
- Chapter 3 Equality of terms
- Chapter 4 Supplementary
- Part 6 Education
- Chapter 1 Schools
- Chapter 2 Further and higher education
- Chapter 3 General qualifications bodies
- Chapter 4 Miscellaneous
- Part 7 Associations
- Part 8 Prohibited conduct: ancillary
- Part 9 Enforcement
- Chapter 1 Introductory
- Chapter 2 Civil courts
- Chapter 3 Employment tribunals
- Chapter 4 Equality of terms
- Chapter 5 Miscellaneous
- Part 10 Contracts, etc.
- Part 11 Advancement of equality
- Chapter 1 Public sector equality duty
- Chapter 2 Positive action
- Part 12 Disabled persons: transport
- Chapter 1 Taxis etc.
- Chapter 2 Public service vehicles
- Chapter 3 Rail vehicles
- Chapter 4 Supplementary
- Part 13 Disability: miscellaneous
- Part 14 General exceptions
- Part 15 General and miscellaneous
Reform of the monarchy
In April 2008, Solicitor GeneralSolicitor General for England and Wales
Her Majesty's Solicitor General for England and Wales, often known as the Solicitor General, is one of the Law Officers of the Crown, and the deputy of the Attorney General, whose duty is to advise the Crown and Cabinet on the law...
Vera Baird
Vera Baird
Vera Baird is a British Labour Party activist, barrister, author and lecturer. She serves as visiting lecturer at London Southbank University and is co-director of Astraea: Gender Justice...
announced that as part of the Single Equality Bill, legislation would be introduced to repeal parts of the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
that prevent Roman Catholics or those who marry Roman Catholics from ascending to the throne, and to change the inheritance of the monarchy from cognatic primogeniture to absolute primogeniture, i.e. the first-born heir would inherit the throne regardless of his or her gender or religion.
However, Attorney General The Baroness Scotland of Asthal
Patricia Scotland, Baroness Scotland of Asthal
Patricia Janet, Baroness Scotland of Asthal, PC, QC is a British barrister, and served in many ministerial positions within the UK Government, most notably as the Attorney General for England and Wales and Advocate General for Northern Ireland.-Early life and career:Baroness Scotland was born in...
subsequently ruled there would be no change in the law of succession in 2008, saying, "To bring about changes to the law on succession would be a complex undertaking involving amendment or repeal of a number of items of related legislation, as well as requiring the consent of legislatures of member nations of the Commonwealth". The published draft bill does not contain any provisions to change succession laws.
Bishop opposition
Although the Act was never going to change the law from its existing position, or binding European Union law which covers many more Catholics than in the UK, and this position was spelled out in the High Court in R (Amicus) v Secretary of State for Trade and Industry a small number of Roman Catholic Bishops of England and Wales made claims that they could be prosecuted under the Equality Act 2010 for refusing to allow married men, women, transsexual people and gay people into the priesthood. The legislation has also attracted criticism from local Anglican clergy. This claim has been rejected by the government. A spokesperson has said an exemption "covers ministers of religion such as Catholic priests" and a document released by the Government Equalities Office states that that "the Equality Bill will not change the existing legal position regarding churches and employment".External links
- Framework For a Fairer Future - Government Equalities Office
- Parliament page for the progress of the Bill
- Government Equalities Office page on the Equality Bill
- Employment Implications]