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Equality in the Workplace
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THE EQUALITY ACT 2010 ELAS TOPIC GUIDES
HEALTH&SAFETYMANAGEMENTCONSULTANTS
WHAT CHARACTERISTICS DOES THE EQUALITY ACT 2010 PROTECT? There are 9 protected characteristics:
RACE
PREGNANCY & MATERNITY
SEX
GENDER RE- ASSIGNMENT
RELIGION
SEXUAL ORIENTATION
AGE
MARRIAGE & CIVIL PARTNERSHIP
DISABILITY
DOES THIS MEAN THAT EVERYONE HAS PROTECTED CHARACTERISTICS? Yes! It’s important to remember that a protected characteristic does not require the victim of discrimination to be a member of a minority group. For example, a white person can be discriminated against on the grounds of race by a black person. The Equality Act applies to everyone and generally, everyone has at least 5 protected characteristics . Every person has an age, a race (including nationality, ethnicity or colour), a religion (including lack of religious or philosophical belief), a sex and a sexual orientation.
It is illegal to subject someone to direct discrimination, indirect discrimination, harassment and victimisation on the grounds of any protected characteristic.
WHAT IS HARASSMENT? This is where someone creates an intimidating, hostile, degrading or embarrassing environment for someone on the grounds of a protected characteristic. It should be noted that banter is not excused and is often the cause of most harassment claims.
BANTER IS NOT EXCUSED
WHAT IS INDIRECT DISCRIMINATION?
WHAT IS DIRECT DISCRIMINATION?
This is where you’re treated in the same way as your colleagues at work, but it has a worse effect on you because of who you are. For example, because of your religion or any other protected characteristic.
This is where you treat someone with a protected characteristic less favourably than you would treat others without that protected characteristic.
WHAT IS VICTIMISATION? Victimisation is where someone is subjected to a detriment because they complained about conduct they believed to be in contravention of their rights.
WHY IS IT IMPORTANT TO TAKE INEQUALITY CLAIMS SERIOUSLY? Inequality stems much further than direct/indirect discrimination, harassment and victimisation so it is vital that managers and employees are fully trained to ensure that they understand what constitutes equal treatment . People often use the words harassment and victimisation in their everyday conversations – often when they have little or nothing to do with discrimination – so it is important to seek advice in order to carefully cover the possibility of claims.
IS THE EQUALITY ACT 2010 APPLICABLE TOONLY MY EMPLOYEES? No. Equality legislation applies to job applicants, contractors and apprentices to name a few.
WANT TO KNOWMORE?
At the ELAS Group we offer a range of discrimination, equality and diversity training courses : DISCRIMINATION (Half day course) EQUALITY & DIVERSITY (Half day course) EQUALITY & DISCRIMINATION (e-learning)
If you are interested in any of our courses, please contact [email protected] Visit our blog for up to date information on all things employment law. blog.elas.uk.com/blog
CONTACT US TODAY FOR MORE INFORMATION 08450 50 40 60 [email protected] www.elas.uk.com
HEALTH&SAFETYMANAGEMENTCONSULTANTS