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The Equality Act 2010 Embracing the challenge The implications for FE HE providers in Scotland

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The Equality Act 2010 Embracing the challenge The implications for FE HE providers in Scotland

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    2. The Equality Act 2010 Embracing the challenge The implications for FE & HE providers in Scotland 5th October 2010 Jill A Bell Director, Anderson Strathern’s Discrimination Law Service

    4. Equality Act 2010 Came into force on 1st October 2010 Protected Characteristics Main discrimination Acts are superseded Some changes to discrimination/prohibited conduct Extension of disability discrimination Pre-employment health questionnaires outlawed 3rd Party harassment extended Some changes planned to provision of services A Single Equality duty to be introduced

    5. Protected Characteristics 9 Protected Characteristics Age Disability Race Sex Religion or Belief Sexual Orientation Pregnancy and Maternity Marriage or Civil Partnership Gender Re-assignment

    6. Changes to “Prohibited Conduct” (Discrimination) Changes to “direct discrimination” Discrimination by association Discrimination by perception Changes to disability discrimination Direct (the same but different!) Duty to make reasonable adjustments (revised) NEW: Indirect Discrimination arising from a disability

    8. Equality Act :Provision of Services Changes to discrimination in the provision of services Not marriage or civil partnership Not “age” – yet Duty to make reasonable adjustments in the provision of services Definition of duty in s20 plus schedule 2 which extends the s20 duty to disabled persons generally (to provide for the anticipatory nature of the duty in service provision)

    9. Equality Act : Education s91 : applies to Universities and FE Colleges Covers Admission of students Provision of education Access to benefits and facilities Exclusions Harassment & Victimisation Specific protection for disabled students Exemption from competence standards: sch13 para 4(2)

    10. Implementation dates

    11. Guidance Equality and Human Rights Commission Government Equalities Office ACAS

    12. Single Equality General Duty Across 8 protected characteristics s149(1) A public authority must, in the exercise of its functions, have due regard to the need to – (a) eliminate discrimination, harassment, victimisation; (b) advance equality of opportunity (c) foster good relations

    13. Single Equality General Duty (a) eliminate discrimination, harassment, victimisation; (b) advance equality of opportunity involves having due regard to, in particular the need to (a) remove or minimise disadvantages; (b) take steps to meet the needs of persons who share a relevant PC that are different (c) encourage persons who share a relevant PC to participate in public life. (c) foster good relations involves having due regard, in particular, to the need to - (a) tackle prejudice, and (b) promote understanding.

    14. Proposals for specific duties Duty to publish equality outcomes & to progress towards these outcomes Mainstreaming duty Impact assessment duty Employment Data duty (<150 staff) Publication duty Duty on Scottish Ministers to set national equality priorities

    15. Impact Assessment Duty to consider the impact on equality of all NEW policies and practices AND changes to or redesign of existing policies and practices, services and provisions Must be based on “evidence” No specific requirement on how should be done

    16. Employment Data Applies to employers with 150+ FT staff To publish employment rates for sex, disability and ethnicity (ONLY - at the moment) AND on their gender pay gap : every 2 years To publish equal pay statement (including equal pay policy and information on occupational segregation) : every 4 years

    17. Publication Duty Report through existing public performance reporting systems e.g. Annual Report Will have to state where equality outcomes will be published AND where the other aspects of the duties will be reported AND the timeframe that you will be using for reporting purposes

    18. Implementation Dates Public Sector duties Single Equality General Duty : April 2011 Specific duty re Impact Assessment: April 2011 Other specific duties : by April 2012

    19. Questions

    20. 1 Rutland Court Edinburgh EH3 8EY Tel: 0131 270 7700 Fax: 0131 270 7788 DX ED3 Edinburgh 1 www.andersonstrathern.co.uk

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