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Equality Act 2010
Equality Act 2010
IDS Employment Law Guide
Practice Area:  Diversity, Employment Law
ISBN:  9781847039910
Published by:  Sweet & Maxwell
Publication Date:  10 Nov 2010
Subscription Information:  Non-Subscribable Product
Format:  Paperback
PRODUCT INCLUDES:
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PRODUCT DESCRIPTION
Giving a detailed account of the new equality provisions, how and where the current disparate statutory provisions have been consolidated and looking at the changes in the law, Equality Act 2010:
  • Provides an overview of the new protected characteristics
  • Focuses on issues common to the protected characteristics, as well as those specific to particular ones
  • Covers the forms and liabilities for discrimination
  • Explains the changes introduced by the 2010 Act; for example, allowing equal pay claimants to rely on a hypothetical comparator in certain circumstances, extending the scope of indirect discrimination to cover disability, and outlawing "unfavourable" treatment because of pregnancy and maternity
  • Looks at the enforcement of individual rights
  • Considers potential exceptions to the act
  • Discusses the provisions relating to new measures such as the new single public sector Equality Duty and the socio-economic duty
CONTENTS
Protected characteristics
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation

Forms of discrimination
Prohibited conduct
Reasonable adjustments
Positive action

Liability for discrimination
Discrimination by employers
Discrimination by other bodies
Relationships that have ended
Secondary liability
Personal liability of employees and agents

Equal pay
Equal pay or sex discrimination?
The right to equal pay
Comparators
The material factor defence
Pregnancy and maternity
Occupational pensions
Gender pay reporting
Secrecy clauses

Enforcing individual rights
Jurisdiction of employment tribunals
Time limits
Remedies
Equal pay cases
Burden of proof
Previous findings
Statutory questionnaires
Interest
Conduct giving rise to separate proceedings
Void and unenforceable terms
Contracting out
Judicial review
Equality and Human Rights Commission

Exceptions
Occupational requirements
National security
Provision of services to the public
Employment services
Religion or belief exceptions
Age exceptions
Maternity exceptions
Statutory authority
Armed forces
Benefits dependent on marital status
Insurance contracts
Supported employment
Communal accommodation
Training for non-EEA residents
Sport

Public sector equality duty
Scope of the duty
Public authorities
Specific duties
Enforcement

Socio-economic duty
What is the duty?
Who does the duty apply to?
Enforcement

Harmonisation
The problem of lack of harmony
Maintaining harmony across the EqA
The harmonisation procedure
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