Legal Laying down the law Claudia Gerrard
The Equality Act 2010 contains far-reaching new provisions, so companies are well-advised to review their policies and procedures as a matter of urgency says Claudia Gerrard
Y
ou know the situation. You need to fill a job for staff based on site at a railway station, but it’s not a particularly easy position to fill: long unsociable hours, shift work, long walks between locations. You need someone young, fit and able to work flexibly. Clearly, the job isn’t suitable for the elderly, infirm
or someone who can only work school hours.
So your first instinct is to write an advert along those lines. After all, you tell yourself, isn’t honesty the best policy? Then a little nagging voice enters your head. It might be conscience, but more probably it’s your lawyer, telling you about the Equality
Equality Act 2012: top ten tips
The Act, which came into force in October 2010, contains far-reaching new provisions.
1. Know the protected characteristics There are nine forms of protected characteristics, including age, disability, sex, race and marital status. Any of these can form the basis of a discrimination claim.
2. Know the forms discrimination may take There are a number of forms of discrimination, including direct, indirect, victimisation and harassment.
3. Review contracts of employment and handbooks These may need to be updated.
4. Review application forms Questions relating to health, age, marital status and pregnancy, in particular, may lead to a claim for discrimination.
5. Review health questionnaires Pre-employment health questions can only be asked in certain limited situations.
6. Review recruitment procedures Employers must positively discriminate in favour of disabled candidates and make reasonable adjustments for disabled candidates to attend an interview.
7. Ensure contractors and suppliers adhere to good equality procedures Companies can now be liable for discriminatory acts carried out by third parties.
8. Train staff Tell staff how discrimination can arise and the consequences of a discriminatory act. Good training is essential and shows a commitment to equal opportunities.
9. Monitor equality practices and procedures This helps if a claim is made and checks whether you’re complying with the law.
10. Obtain legal advice as soon as an issue arises Discrimination law is complex and the case law may not apply. Legal advice can solve a problem before it develops, so always obtain specialist legal advice as early as possible.
Act 2010 and that you’ll end up in tribunal if you don’t comply with the disability discrimination provisions. That stops you short. You knew about the laws of discrimination generally. Everyone knows you can’t discriminate on the grounds of sex or race or against pregnant women. Yet now you’re being told that you must positively discriminate in favour of disabled people.
So just what does that mean in practice?
Well, there’s an obligation on employers, and this includes at the job advertisement stage, to make sure that the job is open to everyone, regardless of whether they have a disability. That doesn’t just mean an obvious disability, but potentially less obvious afflictions, such as colour blindness and dyslexia.
how can you find out whether someone can do the job before they start working for you? The law says you can’t ask pre- employment health questions unless they are fundamentally connected to the job
Must make reasonable adjustments As an employer, you must make reasonable adjustments to allow anyone with a disability to carry out the job. You can’t automatically rule out a candidate if they need help to do the job. That is disability discrimination and is against the law. Yet how can you find out whether
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