Equality Act 2010
The Equality Act 2010[1] (c. 15), often erroneously called the Equalities Act 2010, is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of 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.[2]
Long title
An Act to make provision to require Ministers of the Crown and others when making strategic decisions about the exercise of their functions to have regard to the desirability of reducing socio-economic inequalities; to reform and harmonise equality law and restate the greater part of the enactments relating to discrimination and harassment related to certain personal characteristics; to enable certain employers to be required to publish information about the differences in pay between male and female employees; to prohibit victimisation in certain circumstances; to require the exercise of certain functions to be with regard to the need to eliminate discrimination and other prohibited conduct; to enable duties to be imposed in relation to the exercise of public procurement functions; to increase equality of opportunity; to amend the law relating to rights and responsibilities in family relationships; and for connected purposes.
2010 c. 15
England and Wales; Scotland; section 82, 105 (3) and (4) and 199 also apply to Northern Ireland
8 April 2010
1 October 2010
The act has broadly the same goals as the four major EU Equal Treatment Directives, whose provisions it mirrors and implements.[3] However, the Act also offers protection beyond the EU directives, protecting against discrimination based on a person's nationality and citizenship[4][5] and also extending individuals' rights in areas of life beyond the workplace in religion or belief, disability, age, sex, sexual orientation and gender reassignment.[6][7]
The act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. The Act includes provisions for single-sex services where the restrictions are "a proportionate means of achieving a legitimate aim".[8] 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.[9]
Debate[edit]
Reform of the monarchy[edit]
In April 2008, Solicitor General 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, so that the first-born heir would inherit the throne regardless of gender or religion.[17]
However, later in 2008, the Attorney General Baroness Scotland of Asthal decided not to sponsor a change in the law of succession, 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".[18] The published draft bill did not contain any provisions to change the succession laws. Male-preference primogeniture for the British monarchy was instead abolished separately three years after the Equality Act came into force, with the enactment of the Succession to the Crown Act 2013.
Opposition by Roman Catholic bishops[edit]
Although the act was never going to change the law with regard to churches from its existing position, nor change the binding European Union law which covers many more Roman Catholics than those living in the United Kingdom, and although the position had been spelled out in the High Court in R (Amicus) v Secretary of State for Trade and Industry,[19] a small number of Roman Catholic bishops in England and Wales made claims that they might in future be prosecuted under the Equality Act 2010 for refusing to allow women, married men, transgender people, and gay people into the priesthood.[20][21] This claim was rejected by the government. A spokesman said an exemption in the law "covers ministers of religion such as Catholic priests"[20] and a document released by the Government Equalities Office states that "the Equality Bill will not change the existing legal position regarding churches and employment".[22] The legislation was also criticised by Anglican clergy.[23]
Certain employment is exempted from the Act, including: