Government publishes draft legislation to amend the Equality Act 2010

The Government has published draft regulations which are set to amend the Equality Act 2010 (EqA). The Equality Act 2010 (Amendment) Regulations 2023, which are set to come into force on 1 January 2024, work to retain various key rights and principles of equality and discrimination law when retained EU law ceases to have effect at the end of this year.

The main changes introduced by the draft legislation are as follows:

  • The extension of the right to claim indirect discrimination to enable a person who does not hold the relevant protected characteristic, but suffers the same disadvantage at the hands of an employer’s provision, criterion or practice as those who do have the characteristic, to pursue a claim.
  • When it comes to determining whether an individual is disabled for the purposes of the EqA 2010, and considering their ability to carry out ‘day-to-day activities’, their ability to participate fully and effectively in working life on an equal basis with other workers shall be relevant.
  • Confirmation of a ‘single source’ test when it comes to comparators for the purposes of equal pay. This means that comparators can potentially work for a different business so long as the body responsible for setting the terms is the same and is in a position to ensure equal treatment.
  • Direct discrimination protection shall cover discriminatory statements made about not wanting to recruit people with certain protected characteristics even where there is no identifiable affected person.
  • Confirmation that when it comes to discrimination at work, discrimination on the grounds of breastfeeding falls under the protected characteristic of sex.

If you would like to discuss any of these changes please feel free to contact a member of the Employment Team.

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