The Equality Act 2010 brought together various previous legislation, such as the Sex Discrimination Act 1975, the Race Relations Act 1976, and the Disability Discrimination Act 1995, to protect individuals from discrimination both inside and outside of the workplace.
The creation of the Equality and Human Rights Commission in 2007, an independent statutory body, further strengthened efforts to promote equality and diversity. This commission works to eliminate unlawful discrimination and to safeguard human rights in the UK. The UK government has provided guidance on the Equality Act 2010 to support its implementation. But what does “equal opportunities” mean?
What Are Equal Opportunities?
In the workplace, equal opportunities ensure that all employees have access to the same resources, benefits, and opportunities at every stage of their employment, starting from the hiring process. This means individuals should have an equal chance to:
- Apply for and be selected for roles.
- Receive training and promotions.
- Experience fair treatment if their employment is terminated.
Employers must implement policies and practices that prevent discrimination and encourage equal opportunities within their organisation.
Key Employer Responsibilities
Prohibit Discrimination
Employers must avoid discrimination based on protected characteristics, such as age, race, gender, sexual orientation, or disability. For example, dismissing women because of pregnancy would be considered discriminatory.
Prevent Discrimination
Employers must actively prevent discrimination and harassment in the workplace. This includes addressing situations where employees face mistreatment from colleagues based on protected characteristics.
Provide Reasonable Adjustments
Employers are required to make reasonable accommodations for employees with disabilities, ensuring they can perform their roles effectively.
Equal Pay Compliance
Employers must ensure equal pay for men and women performing the same or similar work. Cases such as one involving the retailer Next, where female employees successfully challenged pay disparities, highlight the importance of compliance with equal pay legislation.
Protect Health, Safety and Welfare
Employers have a duty to protect the health, safety and welfare of their employees in the workplace.
Who is Responsible for Equal Opportunities?
Employers are legally responsible for ensuring compliance with equal opportunity laws. These principles also extend to education and public authorities must adhere to the Public Sector Equality Duty, ensuring equality is considered in the delivery of public services and functions.
Enforcement of Equal Opportunities
Individuals can enforce their rights through the courts or employment tribunals. The Equality and Human Rights Commission also has the authority to enforce equality laws, usually at an institutional level, to ensure compliance.
If you have any questions or if you have any other workplace-related employment questions, please do not hesitate to contact our employment team at Howell-Jones Solicitors.
