From 1 October 2010 the majority of the new Equality Act comes into effect and the big question is – are you prepared?

The intention is to simplify all the current legislation relating to equal opportunities and discrimination and bring this together under the new Equality Act.  Whilst some of the existing legislation remains the same, there are a few important changes.

The different areas of discrimination will be collectively known as protected characteristics and comprise of the following.  Employers should note that the new legislation extends some of the types of discrimination for which employees will be able to claim across a number of these protected characteristics.

• Age
• Disability
• Gender reassignment
• Marriage and Civil Partnership
• Pregnancy and maternity
• Race
• Religion or Belief
• Sex
• Sexual orientation

One of the main changes that employers need to be aware of is the handling of pre-employment health questionnaires.  With limited exceptions, the Equality Act will prohibit employers from asking candidates pre-employment health questions.   Penalties imposed could be very severe so it is essential that you seek professional legal advice, if you are unsure, to avoid any potential claims.

There are also changes to third party harassment under the Act, where employers may be liable if an employee suffers harassment from a third-party (such as a customer or client) that is related to a protected characteristic (listed above).

So what can you do?

• Carry out an audit of all your existing employment policies to check if they are affected, in light of the new legislation
• Identify any areas where there may be risks of non-compliance with the requirements of the new Act.
• Plan a strategy for implementing new polices that comply with the Equality Act, where any problems have been identified.
• Put in place anti-discrimination policies and practices. All employees should be fully aware of their obligations under the Equality Act and should receive any necessary training.
• Keep all policies and procedures under review as an ongoing process.
• Monitor - to check whether or not the measures you have put in place are implemented effectively.

Finally, if you have any concerns about how the legal aspects of the new Equality Act may impact on your business, then it is essential you seek professional legal advice to avoid falling foul of the law.