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Equality Act Adds More Fire to Public Sector Discontent

Tuesday October 5, 2010 at 3:29pm

The new Equality Act is going to mean that employers will no longer be able to ask job candidates about their health and pay secrecy clauses hiding differences between what men and women earn have been scrapped.

The Act came into effect on 1 October.

The main changes are making pay secrecy 'gagging' clauses unenforceable, putting restrictions on employers asking job applicants questions about disability or health, making employers responsible for protecting their staff from harassment by customers and allowing employment tribunals that find an employer has discriminated against an employee to make recommendations that could affect the whole workforce.

Home Secretary and Minister for Women and Equality ,Theresa May observed last week, "From today the gagging clauses that stop people discussing their pay with their colleagues will be unenforceable, allowing women – and men – to find out if they're being paid unfairly. This move towards transparency is just one part of the Equality Act, which also makes it easier for businesses to comply with discrimination law by streamlining the equality laws, and provides more protection to disabled people."

Another thing she may have commented in private is that the Equality Act may bring about more litigation and maybe, mediation.

Unison has warned local authorities that it could take them to court if they fail to assess the impact that government cuts will have on staff.

Unison said it will use the Equality Duty to take legal action against employers who don't carry out equality impact assessments before cutting jobs and public services.

We will see. If Unison are seen to get too litigation friendly this may backfire on them. 


Justin Patten, Employment Mediator

» Categories: Employment, Public Sector
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