Equality Act 2010

The Equality Act 2010 gained royal assent in April 2010. As different sections of the Act are gradually brought into force, the Act will replace all existing equality legislation. Until such time as the different sections of the Act are brought into force, existing equality legislation remains in force.

Aim

The stated aim of the Act is to harmonise discrimination law, and to strengthen the law to support progress on equality.

Territorial coverage

The Act covers England and Wales, and Scotland with the exception of section 190 (improvements to let dwelling houses) and Part 15 (family property).

The Act does not apply in Northern Ireland, with the exception of section 82 (offshore work), section 105(3) and (4) (expiry of Sex Discrimination (Election Candidates) Act 2002) and section 199 (abolition of presumption of advancement).

Any specific duties imposed by a Minister of the Crown, Scottish Minister or Welsh Minister to enable better performance in relation to the Public Sector Equality Duty will apply to England, Scotland and Wales individually.

Timeline

The timeline for the different parts of the Act to be brought into force is currently proposed as follows :

• October 2010: The main sections of the Act relating to employment, equal pay and services, public functions and associations, education (further and higher education) comes into effect, replacing relevant sections of current anti-discrimination legislation covering these areas.

• April 2011: The public sector equality duty, the socio-economic duty and dual discrimination protection comes into effect, replacing the current public sector duties in the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 2005 and the Equality Act 2006.
• 2012: The ban on age discrimination in provision of goods, facilities, services and public functions comes into effect.

This timetable for parts of the Act to be brought into force is subject to commencement orders by government and secondary legislation. Until parts of the Act come into force, HEIs will need to refer to relevant current legislation.

For example, HEIs will need to look from October 2010 at the Act in relation to employment and education, but look at the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 2005 and the Equality Act 2006 in relation to the public sector duties.

Details of HEIs legislative requirements to meet the current public sector duties is contained within the ECU publication ‘Legislative requirements checklist for single equality schemes.’

Related pages

The latest news, guidance, questions and information on ECU's work relating to the Act can be found on ECU's dedicated Equality Act 2010 homepage:

• Equality Act 2010 homepage