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.