The Equality Act 2010 distils and extends existing discrimination legislation in order to provide a simpler, more consistent and more effective legal framework for preventing discrimination.
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News
Government consults on removal of default retirement age
The Government consults on proposals to phase out the default retirement age by 1 October 2011.

Government makes first Equality Act commencement order
Following its announcement on 3 July 2010 that it will implement the Equality Act 2010 from 1 October 2010, the Government has made the first commencement order under the Act.

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Legal guidance
Disability discrimination under the Equality Act 2010
Much of the media attention on the Equality Act 2010 has focused on controversial areas relating to socioeconomic inequality, positive action and gender pay reporting. However, the Act's disability discrimination provisions are likely to have much more impact on day-to-day working life.

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Case law
Age discrimination: Employee unable to obtain degree necessary to proceed to higher grade before retirement was not subjected to indirect age discrimination
In Homer v Chief Constable of West Yorkshire Police [2010] IRLR 619 CA, the Court of Appeal held that an employer that introduced a requirement for employees to have a law degree to proceed to the highest of three grades did not thereby indirectly discriminate against a 61-year-old employee who would not have completed a part-time degree before retiring at the age of 65. The disadvantage caused to the employee arose because of his impending retirement and not because of his age.

Disability discrimination: Making reasonable adjustments for disabled employees
In Jelic v Chief Constable of South Yorkshire Police EAT/0491/09, the Employment Appeal Tribunal (EAT) upheld an employment tribunal decision that swapping a disabled police officer's role with that of another officer would have constituted a reasonable adjustment in the circumstances.

Religious discrimination: No appeal hearing for Christian counsellor over same-sex couple beliefs
The Court of Appeal refused an application against an EAT decision that a counsellor who was dismissed after he refused to give advice to same-sex couples was not discriminated against because of his religious beliefs. In doing so, the Court of Appeal rejected former Archbishop of Canterbury Lord Carey's call for a specialist panel of judges to hear cases involving religious rights.

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Employment law manual
Equal opportunities employment law manual updates
The equal opportunities chapter of the XpertHR employment law manual has been updated to reflect recent case law dealing with disability discrimination, aggravated damages and equal pay.

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Tribunal decisions
XpertHR provides summaries of recent employment tribunal rulings involving, among other things, indirect sex discrimination and sexual and racial harassment.

› Failure to discount disability-related absences in redundancy scoring was discrimination

› Sikh employee was harassed and victimised

› Harassment played a part in deaf employee's dismissal

› Employer's handling of performance issues was discriminatory

› Requirement that employee worked full time was fair

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From the blog
› Default retirement age proposals: FAQs and related age discrimination case

› Has Equality Act failed to address realities of disability discrimination?

› Discrimination: "Sunday night syndrome" is not a disability

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Editor's message

EQUALITY ACT 2010
The Equality Act 2010 distils and extends existing discrimination legislation in order to provide a simpler, more consistent and more effective legal framework for preventing discrimination. The Act will be implemented in stages from 1 October 2010.

Pregnancy and maternity, gender reassignment and marriage and civil partnership will all exist as protected characteristics in their own right from 1 October. In an effort to achieve greater consistency across the nine protected characteristics, the Equality Act - among other things - extends the concept of direct discrimination to include discrimination by reason of perception or association and standardises the definition of indirect discrimination. It also extends the protection against third-party harassment across seven of the nine protected characteristics.

We look in detail at how the Act will change the face of disability discrimination law by: simplifying the definition of disability; introducing the concept of indirect disability discrimination; replacing the concept of disability-related discrimination with that of "discrimination arising from disability"; and regulating pre-employment enquiries about an applicant's health.

Jeya Thiruchelvam
Equal opportunities editor,
XpertHR


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