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Jurisdiction: Great Britain
Commencement: This Act comes into force on 26th November 2023 but will only apply from 26th November 2024
Amends: The Equality Act 2010 (ch.15) and associated orders
The Equality Act 2010 is the primary legislation in England, Wales and Scotland concerning equality and non-discrimination. The Act has two main purposes – to harmonise discrimination law and to strengthen the law to support the progress of equality.
The Act repeals, revokes and consolidated many previous Acts and regulations, including:
The Act creates defined “protected characteristics”, against which there are various duties not to discriminate. The protected characteristics are:
Note that the Equality Act has only very limited application in Northern Ireland – primarily in relation to off-shore work. Note that the Disability Discrimination Act 1995 is still the primary disability discrimination legislation in Northern Ireland.
Various duties apply.
This Act comes into force on 26th November 2023 but will only apply from 26th November 2024. It amends the Equality Act 2010 and extends to Great Britain.
Employer duty to prevent sexual harassment of employees
Employers must take reasonable steps to prevent sexual harassment of employees during their employment.
Compensation uplift
Sexual harassment is outside the jurisdiction of an employment tribunal. However, in employee harassment cases, the tribunal can determine an employer`s failure under Section 40A(1) and apply a compensation uplift. The compensation uplift must reflect the extent of the failure, but cannot be more than 25% of the amount initially awarded for the harassment claim.
The Equality Act 2006 is consequently amended.
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