Latest Legal News - Changes to Employment Legislation (September 2010)

Equality Act 2010

The two main purposes of the Equality Act 2010 are to harmonise discrimination law and to strengthen it. It brings together and re-states the existing discrimination legislation and seeks to adopt a single approach where appropriate. However, it also contains a number of important changes to the law, including:

  • Making employers liable for discriminatory acts of their employees whether in relation to other employees or members of the public with whom they deal as a part of their employment.
  • Making employers explicitly liable, in some circumstances, for harassment by third parties in the workplace.
  • Outlawing employers' pre-employment health enquiries unless they are made for prescribed reasons.
  • Limiting the enforceability of contractual "pay secrecy" clauses.

Steps for employers:-

  • Adopt an equality and diversity policy.
  • Train employees in this policy and generally.
  • Make it an act of gross misconduct resulting in dismissal for an employee to fail to follow the policy.
  • Consider how it advertises for new employees.

The majority of the Act's provisions will come into force on 1 October 2010.

New regulations for employment agencies and employment businesses

The new regulations are intended to address the proper conduct of employment agencies and employment businesses, increase protection for vulnerable work-seekers and reduce regulatory burdens on employment agencies. They are due to come into force on 1 October 2010. Among other things, the regulations will:

  • Require advertisements to specify whether the position is temporary or permanent. Advertisements will no longer need to include a statement confirming whether the organisation is acting as an employment agency or employment-business.
  • Restructure the existing regulations on obtaining work-seekers' consent to terms before providing services.
  • Modify the suitability checks that employment businesses and employment agencies currently must carry out on work-seekers.

 Increases in the national minimum wage

  • Increases in the national minimum wage standard rate to £5.93 per hour.

Print this article

Copyright © 2012 Butcher Burns LLP. All rights reserved.
+ 44 (0)20 7713 7100

Butcher Burns LLP, a limited liability partnership registered in England and Wales with registration number OC343324, registered office Beaumont House, 47 Mount Pleasant, London WC1X 0AE. Butcher Burns LLP is authorised and regulated by the Solicitors’ Regulation Authority of England and Wales with registration number 499957.