The Government has finally published the Equality Act 2010 (Commencement No.4, Savings, Consequential, Transitional, Transitory and Incidental Provision and Revocation) Order 2010, which brings the majority of the provisions in the Equality Act into force on 1 October 2010. As many have expected, the socio-economic inequality duty on public authorities (S.1), dual discrimination i.e. claims combining two protected characteristics (S.14), the requirement on private sector employers to publish gender pay gap information (S.78), positive action in recruitment and promotion (S.159), and the single public sector equality duty (Ss.149-157) have not been included. The order also sets out transitional provisions in a number of areas.
The provisions brought into force by the Order mirror those that the Government Equalities Office previously announced would be brought into force in October. Under the transitional provisions, where an act which is unlawful under previous discrimination legislation continues after 1 October 2010, it is also unlawful under the Equality Act. However, the Equality Act will not apply to acts which occur wholly before 1 October. Further, the victimisation provisions in S.27 are to be read as applying equally to victimisation as a result of bringing proceedings under the previous legislation as to proceedings brought under the Equality Act. The transitional provisions also state that the existing guidance on disability remains in force until new guidance is made under S.6(5).
Everyone in the HR profession has been awaiting the final version of these regulations for a while now. please do contact us if you have questions about it, we will be happy to help!
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