Large parts of the Equality Act came into force on 1 October 2010, particularly those parts harmonising discrimination on the basis of "protected characteristics", the ability to bring equal pay claims based on hypothetical comparators, provision against pay secrecy clauses, restrictions on "health screening" questions prior to appointment, and the ability to complain of "third party" harassment in respect of all protected characteristics.
Provisions which did not come into force under the Equality Act relate to combined discrimination based on dual characteristics, the obligation to publish gender pay gap information, socio economic duties on public bodies, and the Equality Act's provisions in respect of positive action in recruitment and promotion.
One of the important changes that the Equality Act has introduced is the reversal of the House of Lords judgment in Lewisham London Borough Council v Malcolm which restricted the ability of disabled claimants to bring claims based on discrimination for a reason which was related to their disability. The s15 of the Equality Act introduces the concept of "discrimination arising from disability".
The aim of the Equality Act is to introduce "uniformity" across all areas of discrimination law and it remains to be seen what degree of impact the changes will have upon this important area of employment law.
The majority of Trinity Chambers’ employment group have substantial experience of Equal Pay and discrimination cases and have been involved in land mark cases in this complex field. Head of Trinity Chambers’ employment group, Jane Callan, is recognised in the directories as being a specialist in discrimination and equal pay:
"Jane Callan is an experienced employment junior specialising in discrimination and TUPE matters " Legal 500 2010
"Jane Callan of Trinity Chambers has cultivated a reputation as an "employment star" having trained for the Bar after ten years working as an employment law adviser in a national employers' organisation. She impresses clients with her authoritative approach, proving successful in TUPE, discrimination and equal pay cases"
Chambers & Partners 2010
The employment barristers at Trinity Chambers recognize the significant implications of the Equality Act on employers and employees alike. In the run up to its implementation several members of the Trinity employment group have been busy delivering CPD accredited seminars on the implications of the Equality Act. If you are interested in any Equality Act focused training please email chris.lucarelli@trinitychambers.co.uk .