This chapter of the Guide covers the issue of equal opportunities in employment. It is unlawful under the Equality Act 2010 (‘the Equality Act’) for employers to discriminate against employees and job applicants on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation (known as protected characteristics). This chapter explains the meaning of these protected characteristics, the types of unlawful discrimination defined in the Act, the types of workers covered and the limited circumstances in which discrimination is permitted.
This chapter also explains how employers are liable for discrimination by their employees and the ‘all reasonable steps’ defence. It deals with the practical importance of the Code of Practice on Employment (‘the Code’). In addition, there is a description of equality policies and their benefits, the role of monitoring and positive action in promoting equal opportunities.
The law gives some, albeit limited, protection to ex-offenders from being discriminated against because of their criminal record. This chapter summarises the legislation on the rehabilitation of offenders (people with criminal records).
Discrimination in pay is covered in elsewhere in the guide (discrimination in pay) and discrimination in pensions is dealt within pension rights (discrimination in pensions). Other parts of the Guide deal with discrimination on trade union grounds (trade union members), discrimination against part-timers (part-timers), fixed term employees (fixed-term employees ) and agency workers (agency workers).
Related links
Employment Code of Practice by EHRC
Equality and Human Rights Commission