The Government has prepared changes required to the Equality Act 2010 due to come into effect on 1st January 2024.
These amendments are required as a result of EU discrimination protections being withdrawn due to Brexit.
The amendments include;
- The right to claim indirect discrimination by association. This will protect a person who suffers the same disadvantage as an individual who has a protected characteristic but does not have the relevant characteristic themselves.
- Changes to the guidance on the definition of disability to confirm that regard to a person’s ability to participate fully in working life on an equal basis with other workers is essential when considering ‘day-to-day activities.’
- A ‘single source’ test for determining an equal pay comparator. This provides that an equal pay comparator could potentially work for a different business as long as the body responsible for creating the terms of employment is the same.
- Even if there is no active recruitment process, the direct discrimination protection includes discriminatory statements made about not wanting to recruit individuals with certain protected characteristics during the recruitment process.
- Certainty that breastfeeding is included under the protected characteristic of sex.
