. Page 3 of 7 The law: The Equality Act 2010 Everyone in Britain is protected by the Equality Act 2010. exclusion of specific groups of people from certain types of activity. This document explains the RCPsych's expectations about the type of behaviours . Remember - the panel is not asked to determine whether prohibited conduct actually took place. Marginal note: Prohibited grounds of discrimination 3 (1) For all purposes of this Act, the prohibited grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability and conviction for an offence for which a . 8. S.I. No. 208/2012 - Employment Equality Act 1998 (Code of ... apart from lawyers and a few nerdy types [hands up! UCU - Prohibited conduct under the Equality Act 2010 The Equality Act 2010 defines a disabled person as someone with a physical or mental injury. Prohibited conduct Prohibited conduct is the special term used in the Equality Act to cover behaviour that counts as unlawful. The Equality Act 2010 doesn't apply to Northern Ireland, where the equalities legislation is spread across several orders and regulations and has some differences to the rest of the UK. Equality Act 2010 - SlideShare PDF The Equality Act 2010 - Sheffield Hallam University 6.3 Equal Pay - direct discrimination Page 8 PDF Equality, Diversity and Human Rights Policy The public sector equality duties and the Human Rights Act Public sector organisations and other organisations which carry out public functions on their behalf, must have what the law calls 'due regard' to the need to eliminate the types of conduct which are prohibited under the Equality Act 2010 and discussed in o. Respondent. However, the panel will make findings of fact that will help others determine whether prohibited conduct took place. direct discrimination. Table 1: Prohibited conduct under the Equality Act 2010 9 Type of conduct that is prohibited Section Direct discrimination s.13 Discrimination arising from disability s.15 Gender reassignment discrimination involving absence from work s.16 Pregnancy and maternity discrimination in both work and non-work situations s.17/18 The statutory procedure has been abolished, but it is still possible to ask employers questions. Equality Act 2010 Presentation. PROSPECT GUIDE TO EQUALITY AT WORK 5 prohibited conduct 3.1 The Equality Act outlaws a range of 'prohibited conduct' but it should be noted that not all protected characteristics are covered by each type of discrimination. It provides an equality clause for anyone (men and women) employed in Great Britain. The workers . The Equality Act 2010 makes it unlawful to discriminate against someone because of their age, sex, disability, gender reassignment, marriage and civil partnership, . The three main aims of the Public Sector Equality Duty are as follows: You must give 'due regard' (give active consideration) to the need to - 1. Discrimination can come in one of the following forms: direct discrimination - treating someone with a protected characteristic less favourably than others . Three types of discrimination can be objectively justified in some circumstances: direct age . This section explains what the different types of unlawful discrimination are. How the Equality Act 2010 applies to different settings EqA applies to all early years settings: to schools and pre- Types of discrimination. Under section 5 of the Equality Act, age is defined by reference to an individual's age group. Newham College University Centre Stratford Newham. 5.6 Race Page 7 . 5.7 Religion or belief. Equality and Human Rights Commission. The EQA was created to harmonize UK discrimination law by both uniting and . means the organisation or person who has been asked to answer . Note: The Department for Business, Energy and Industrial Strategy announced plans for a powerful new body to protect the rights of workers in the United Kingdom. We hear and decide cases about unlawful discrimination, sexual harassment, gender equality, victimisation or vilification under the Equal Opportunity Act 2010 , Racial and Religious Tolerance Act 2001 or Gender Equality Act 2020. It also introduces a new public sector equality duty on all public bodies, including colleges and schools, with . 6.1 Pre-employment health-related checks Page 7. We can also grant and revoke exemptions under the Equal Opportunity Act 2010. Editions de l'Atelier, Apr 15, 2010 - Law - 251 pages. The 2010 Equality Act . Although the regulation provides a definition of disability, the issue is more complex than the Act initially clarifies. 2.3 The Trust is committed to creating a culture in which equality, diversity and human rights are . General duties of the Equality Act (Slide No 7 / eLearning Page 6) In summary, all public organisations must, in the exercise of their functions, have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act Advance equality of opportunity between people Equal Opportunity. The Equality Act 2010 (EQA) UK Web Accessibility Law. gender reassignment. Under the Equality Act 2010, an employer is prohibited from subjecting an employee to a detriment at work, in other words, treating them unfairly, by reason of them having made, intimated or supported a claim for discrimination or harassment under the Act. How you can be discriminated against. While work in hazardous situations cannot always be eliminated, it can often be substantially reduced with comparatively little cost. It covers discrimination, harassment, failure to make reasonable adjustments and victimisation. The 2010 Act also extends some of these protections to characteristics that previously were not covered by equality legislation. The Act continues to protect bisexual, gay, heterosexual and lesbian people from discrimination on the grounds of their sexual orientation. Equality Act 2010 9 What other conduct is prohibited? is also prohibited. They do not all apply to all of the protected characteristics. Protected characteristics 'Protected characteristics' is the name for the nine personal An Act to make provision tor 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 . Scope of the Equal Status Acts 7 Discriminatory grounds 9 Types of discrimination 12 Sexual harassment and harassment 14 . The different types of discrimination are outlined below. Doing this would be against the law. . Where there are exclusions they are noted below. The Equality Act includes 'Protected Characteristics' which are differences between people which cannot be used as reasons to treat them any differently. Prohibited conduct Prohibited conduct is the general term applied to discriminatory behaviour that is unlawful under EqA. The word 'discrimination' is often used on a day to day basis to describe being treated unfairly for a particular reason; but unlawful discrimination happens when less favourable or unfair treatment relates to specific characteristics, known legally as 'protected characteristics'. main types of prohibited discrimination and the main provisions relating to employment and . We also have a questionnaire example for discrimination claims. The FCA can and does act in appropriate cases where firms are breaching its rules. The Equality Act 2010 makes it unlawful for employers to discriminate against job applicants because of a protected characteristic. (iii) whether male or female (iv) whether they were pregnant . Mohammed (MIDHAL) Dhalech. It looks at the concept of treating someone unfavourably, justification of that unfavourable treatment, the requirement of knowledge of the disability and also notes that associative discrimination or discrimination on . 5.5 Pregnancy and maternity Page 7. EqA applies to all schools: to independent schools, academies Under the Equality Act 2010, there are four main types of discrimination. The main types of prohibited conduct are: • direct discrimination (including combined . This includes many people with a mental illness. Yes, the Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. 1. The protected characteristics laid out in the Equality Act 2010 are defined in Section 4.2. Chapter 2 E+W+S Prohibited conduct Discrimination E+W+S 13 Direct discrimination E+W+S (1) A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others. Once you have established why you, or the person you are looking after, have been treated unfairly and where this has taken place, the next step is to consider whether this unfair treatment is unlawful under the Equality Act. Types of discrimination ('protected characteristics') It is against the law to discriminate against anyone because of: age. S. 6 (1) Schedule 1 Part 1 Equality Act 2010 8. This protects against six forms of prohibited conduct because of nine protected characteristics in a range of contexts: services, public functions, premises, work, . types of discrimination cases and . Acas has issued guidance on how this can be done. Prohibited conduct Prohibited conduct is the general term applied to discriminatory behaviour that is unlawful under EqA. Policy Type People & Organisational Development Directorate Corporate Policy Owner . The Irish Human Rights and Equality Commission 49 2 3. I am pregnant, and my doctor has placed me on restrictions. 7. The EHRC is an independent statutory body with the responsibility of overseeing and enforcing the Equality Act. The Equality Act 2010 explains what a disability is. S. 20 Equality Act 2010 Age is a protected characteristic under the Equality Act 2010. Different types of discrimination are prohibited under the Acts, these include: PART I Proscribed Discrimination General. and any other conduct prohibited by the Act . Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault. It defines, Equality, Diversity, Prohibited conduct, Direct and indirect discrimination in Section 3. Another very relevant section of the Act is: Part 11, Ch.1, s.149: The Public Sector Equality Duty: ss(1) A public authority[ii] must, in the exercise of its functions, have due regard to the need to— (a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; (b) advance equality of opportunity between persons who share a relevant . The Public Sector Equality Duty. ]- actually read it. There are three types of harassment prohibited under the Act: s.26 (1) harassment 'related' to a protected characteristic s.26 (2) sexual harassment s.26 (3) less favourable treatment of a worker because they submitted to or rejected sexual . It happens when a person is treated less favourably because they complain about discrimination or they witness it and give evidence about it. It is, therefore, incumbent upon an employer to prevent victimisation from occurring . If you match this definition, you could be protected from discrimination, harassment and victimisation by the Act. (ii) job title, department and hotel. (a specified form of prohibited conduct) . gender reassignment discrimination: cases of absence from work. . The Equality Act 2010 sets out nine protected characteristics and discrimination is recognised when at least one of these characteristics determines the way in which a person is treated. The Equality 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 and some sections also apply to Northern Ireland. The general duty says that public bodies are required to have 'due regard' to the need to: • eliminate unlawful discrimination, harassment and victimisation and other conduct that is prohibited by the Act Indirect discrimination means putting in place a rule or way of doing things that has a less 7. 6.2 Employment tribunal powers Page 7. The four types of discrimination are direct discrimination, indirect discrimination, harassment and victimisation. 4.7 Victimisation is prohibited conduct. If you, or someone you know, have experienced such conduct, the University strongly encourages you to report any instances and to seek support as needed. Unlike other protected characteristics, a different approach is taken with age, because some practices and rules relating to age are seen as justifiable when applying the objective The Equality Act was introduced in October 2010 to replace a number of other pieces of legislation that dealt with equality, such as the Equal Pay Act, the Disability Discrimination Act and the Race Relations Act. [S. 31 substituted by s. 3 of Act 52 of 2002.] legal duties under the Equality Act 2010 and Human Rights Act 1998. 5.8 Sex Page 7. Pregnancy and maternity discrimination. It provides a single, consolidated source of discrimination law, covering all the types of discrimination that are unlawful. and any other conduct prohibited by the Act; . 6.0 Equality Act 2010 - Positive action Page 7. Explains the reasons why discrimination might be justified in some situations, according to the Equality Act 2010. discrimination arising from disability. S. 6 (1) Schedule 1 Part 1 Equality Act 2010 8. It is also of serious concern that the EHRC and GEO have both arguably engaged in prohibited conduct by encouraging others to also breach the Act. 4.8 Due Regard The Equality Act 2010 requires us to pay 'Due Regard', when considering the effects on different groups • In extreme cases, where an employer believes that the conduct may amount to Direct Discrimination. The public sector equality duty (PSED) was created by the Equality Act 2010 and requires us to have due regard to the need to: Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010; Advance equality of opportunity between people who share a protected characteristic and those who do not Direct discrimination is where somebody has been treated differently or worse than another employee due to an underlying reason. The Equality Act 2010 is available on-line for anyone to read and it is accompanied by official explanatory notes. • Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not. 7 Chapter 1 - Overview of the Act 1.1 The Equality Act 2010 replaced nine major Acts of Parliament and almost a hundred sets of regulations which had been introduced over several decades. No. or a complaint about other conduct prohibited by the Act. Lecture 5 equality and diversity the equality act 2010. 7. Please state all staff employed (a) within the Flamingo Hotel (b) in other hotels in the UK Group in the three years prior to the date of answering this questionnaire by reference to: (i) start date and if applicable, date and reason for leaving. Equality Act 2010. sarahpugh. 78 of 2002), the text of which is set out in the Schedule to that Order, is revoked. The public sector equality duties and the Human Rights Act Public sector organisations and other organisations which carry out public functions on their behalf, must have what the law calls 'due regard' to the need to eliminate the types of conduct which are prohibited under the Equality Act 2010 and discussed in The UK Equal Pay Act 1970 now incorporates the UK Equality Act 2010. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance . pregnancy and maternity discrimination. • Foster good relations between persons who share a relevant protected characteristic and persons who do not. 1 Review. 2. 3.2 There are four types of prohibited conduct: direct discrimination Under this Act, discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex (pregnancy) discrimination. Yes. The Equality Act 2010 makes it unlawful for employers to discriminate against job applicants (and existing workers) because of a "protected characteristic". 5.9 Sexual orientation. prohibited by the Act. Prohibited conduct under the Equality Act 2010. HCEfareham. Discrimination; 6. It prohibits businesses from excluding anyone from using their services because of a disability. S. 20 Equality Act 2010 The main types of prohibited conduct are: • direct discrimination (including combined . Does the Equality Act apply to all schools? The UK have nine protected characteristics, which are set out in the Equality Act 2010. . THE EQUALITY ACT 2010 October 1st 2010 saw many of the provisions attained within the Equality Act, which gained Royal Assent on the 8th April 2010, come into force. being . The Equality Act 2010 is a single source of discriminati on law, setting out who is protected and the types of discrimination that are unlawful. 3. Part 3 of the Equality Act 2010. . Direct discrimination on the grounds of age only may be justified. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Page 7. What are the 5 different types of prohibited conduct? The following types of prohibited conduct are detailed the Equality Act 2010: Direct discrimination. Harassment Harassment is defined as "unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual". Equality Act 2010 Implications for colleges and HEIs (revised August 2012) Contents Aim of the Equality Act 20102 Territorial coverage 3 General implications 4 Protected characteristics 4 Prohibited conduct 5 Admission and treatment of students 9 Employment 11 Provision of services including goods and facilities 13 Premises 14 Recreational or . main types of prohibited discrimination and the main provisions relating to employment and . Part 3 does not apply to discrimination, harassment or victimisation prohibited by Part 4 (premises), Part 5 (work) or Part 6 (education), or that would be so prohibited but for an express exception, s 28(2). In October 2010, these were, at last, merged into one coherent act: The Equality Act 2010. disability-definition.pdf and Equality Act 2010 (Disability) Regulations 2010, . conduct prohibited by the Act. Ministry of Justice and the public sector equality duty Under the Equality Act 2010, when exercising its functions, the Ministry of Justice has an ongoing legal duty to pay 'due regard' to the need to: eliminate unlawful discrimination, harassment and victimisation and other prohibited conduct under the Equality Act 2010; Equality Act 2010 Types of Discrimination - New Definitions This document is a useful guide and highlights the definitions as laid out in the new Equality Act 2010 and should be read in conjunction with any existing University policies and procedures that refer to discrimination, harassment and victimisation. There are 6 main types of discriminatory conduct prohibited by the Equality Act 2010. The Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 is revoked. Equality Act 2010. For example, Section 75 of the Northern Ireland Act 1998 also includes consideration of 'political opinion' as an equality category. The Equality Act of 2010 provides legal protection for people against discrimination in the workplace and wider society. The following summary . The Irish Human Rights and Equality Commission (IHREC) . The Act not only harmonises and consolidates previous anti-discrimination legislation, it also strengthens legal rights to equality and increases the range of unlawful acts of discrimination outside the employment field. being married or in a civil partnership. There is also official guidance published by the Equality and Human Rights commission. Equal Pay Act. This is one of a number of types of disability discrimination that amounts to prohibited conduct under the Equality Act 2010. Your company is obliged to address and deal with the harassment; it is prohibited under legislation including the Equality Act 2010 and Protection from Harassment Act 1997 and you have a duty of care to keep your staff safe. 2.3 The main types of prohibited conduct under the 2010 Act are: Human rights act 1998. Equality Act 2010 These are the main forms of prohibited conduct under the Equality Act 2010: Discrimination Direct discrimination means treating a person less favourably than someone else because of a protected characteristic. Prohibited conduct is the collective term for discrimination, harassment (including sexual harassment) and abuse of authority. Sch.1 Pt 1 Equality Act 2010 7. Eliminate unlawful discrimination, harassment and victimisation and other conduct that is prohibited by the Act. 1. the prohibited conduct has occurred with your knowledge on at least two occasions, and

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