confusion over implementation of Equality Act 2010

With the Equality Act 2010 pushed through in Labour's last month in office, the question of its implementation under the new Government has been the subject of much speculation. Although generally in favour of the Act, the Coalition Government is likely to change some aspects of it and whether it will come into force on 1 October this year has also now been called into question.

The Conservatives broadly supported the Act but pledged to do away with the new socio-economic duty, the provisions on positive action and gender pay reporting. However the Liberal Democrats wanted to introduce mandatory pay audits for all companies with more than 100 employees, and it remains to be seen how this difference between the two will be worked out. The Coalition Programme simply says "we will promote equal pay and take a range of measures to end discrimination in the workplace".

Meanwhile much was made of the fact that the implementation date for most of the Equality Act (1 October 2010) was recently removed from the Government Equalities Office website. The GEO has now issued a statement that the Equality Act's provisions will come into force at different times to allow people and organisations to prepare for them, and that this is currently being considered by the Government. The GEO continues to work on the basis that the core provisions will come into force in October 2010. With other pressing issues for the Government, and the silence so far on what parts of the Act will be shelved or amended, it will be surprising if it goes ahead in October. However until further information is available, employers should assume that it will do, to avoid being caught out.

Read the GEO's statement on the Equality Act's provisions.

For further information on any of the issues covered in the above publication, you can contact a member of our Employment law team based in Southampton, Oxford and London or alternatively email us at employmentinfo@bllaw.co.uk.