Legislation
Equality Act 2010 and Public Sector Equality Duty
Equality Act 2010
The Equality Act became law on 1st October 2010, It replaces previous equality legislation and is intended to strengthen equality law and to make it more transparent and easier to understand. The Act strengthens and extends protection to cover nine protected characteristics and is relevant to the MRC both as an employer and service provider. The Act places a general duty on the MRC to:
- eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Equality Act 2010
- advance equality of opportunity between people who share a relevant protected characteristic and those who do not
- foster good relations between people who share a relevant protected characteristic and those who do not
What are protected characteristics?
Protected characteristics are the ground upon which discrimination is unlawful. The protected characteristics defined under the Act are:
- Age
- Disability
- Gender reassignment
- Marriage and civil partnership
- Pregnancy and maternity
- Race
- Religion or belief
- Sex
- Sexual orientation
The Act has also extended the definitions of discrimination
What does the Act prohibit?
- Direct Discrimination
Occurs when someone is treated less favourably than another person because of a protected characteristic they have or are thought to have or because they associate with someone who has a protected characteristic.
- Discrimination based on association
This is direct discrimination against an individual because they associate with another person who possesses a protected characteristic.
- Discrimination based on perception
This is direct discrimination against an individual because others think they possess a particular characteristic.
- Indirect discrimination
This can occur when there is a condition or rule, policy or practice that applies to everyone but particularly disadvantages people who share a protected characteristic.
- Harassment
Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. Individuals are also protected from harassment because of association and perception.
- Third party harassment
Liability may exist for harassment of staff and students by third parties.
- Victimisation
Occurs when an employee is treated badly because they have made or supported a complaint or raised a grievance under the Equality Act or because they are suspected of doing so.
Public Sector Equality Duty
The Public Sector Equality Duty (PSED) is a duty on public bodies and others carrying out public functions. It ensures that public bodies consider the needs of all individuals in their day to day work – in shaping policy, in delivering services, and in relation to their own employees.
The Duty supports good decision-making – it encourages public bodies to understand how different people will be affected by their activities so that policies and services are appropriate and accessible to all and meet different people’s needs. By understanding the effect of their activities on different people, and how inclusive public services can support and open up people’s opportunities, public bodies are better placed to deliver policies and services that are efficient and effective. The Equality Duty therefore helps public bodies to deliver the Government’s overall objectives for public services.
Although the MRC is not listed in Schedule 19 of the Act and as such is not legally obliged to comply with all aspects of the Duty, as an equalities organisation, the MRC will still look to comply with it, publishing information on how we are performing and on what we are doing to meet the requirements of the PSED.
Further information
- ACAS Guide to the Equality Act
- EHRC guidance on the Equality Act
- EHRC guidance on the Public Sector Equality Duty (PSED)
- Equality Act 2010
