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How to make sure everyone istreated fairly at work
A guide to the Equality Act 2010
Easy read
What is in this booklet page
About this guide 1
Who is the Equality Act for? 2
Different types of discrimination 5
Treating people who are disabledfairly 8
Sometimes the law is different 9
Who has to stick to the law?
Choosing staff
14
16
EqualityAct
2010
Getting different people to workfor an employer 13
The hours people work 19
Wages and other thingsyou get for working 23
The chance to get on in your job 25
Organising and planning 27
If people lose their jobor stop working 29
Making sure people understandand stick to the law
How to complain
32
33
39
37
What the words mean
How to contact us
1
The Equality and Human RightsCommission wrote this guide.
We make sure everyone follows theEquality Act 2010, which is the lawabout treating people equally andfairly.
This guide is about how the EqualityAct 2010 applies at work.
It says what rights employees haveand what employers have to do.
l employees are people who work
l employers are the people or organisations they work for.
About this guide
EqualityAct
2010
EqualityAct
2010
2
Who is the Equality Act for?
The law talks about differentprotected characteristics or things todo with a person:
l age
l disability
l sex (if they are a man or a woman)
l transgender
Transgender people are peoplewho feel that the body they wereborn into is not right for them.
This means they may want tochange from being a man to awoman, or from a woman to aman.
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l being pregnant or having a baby
l race
l religion or belief
l sexual orientation (being straight,gay, lesbian or bisexual).
4
The Equality Act protects people inthese groups from discrimination atwork. Discrimination means treatingsomeone worse than other people forsome reason.
This includes:
l people who work for the employer
l people who used to work for the employer
l people who want to work for the employer.
5
Different types of discrimination
Direct discrimination is when anemployer treats someone worse thanother people.
For example an employer who doesnot interview someone for a jobbecause of their race.
Indirect discrimination is when anemployer does something, decidessomething or has a rule that affectssome people worse than others.
An example of indirect discriminationwould be an employer who only givesfull time workers the chance to moveon to better jobs.
This could be unfair to women as moreof them work part time.
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Discrimination arising from adisability is when an employer treatssomeone unfairly because ofsomething to do with their disability.
For example, telling a visually impairedperson they cannot have a job becausethe employer does not like their guidedog.
Discrimination by association is whenan employer treats a person worsethan other people because of someonethey know or a family member.
For example, treating someone whoneeds time off to care for her 30 yearold husband worse than someone whocares for his 80 year old mother wouldbe discrimination by associationbecause of age.
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Discrimination by perception is whenan employer treats someone unfairlybecause they think they are from aparticular group.
For example, if an employer does notgive someone a job because they thinkhe is gay, even though he is not.
Victimisation means treatingsomeone unfairly because they havecomplained or spoken up aboutsomething.
For example, an employer who doesnot interview someone for a jobbecause they have complained aboutinterviews in the past.
Harassment means picking onsomeone or upsetting them.This includes things like telling jokesabout a person’s religion or belief andmaking them feel ashamed or stupid.
8
Treating people who are disabled fairly
Reasonable adjustments are changesemployers must make to give a personwho is disabled the same chance asanyone else to get and do a job.
They must think about this when theydecide who is the best person for a job.
Employers must also make changes ifsomeone becomes disabled while theyare working for them or they changethe job a person who is disabled isdoing.
Access to Work is a way thegovernment can pay for some changesto help a disabled person do their job.
9
Sometimes the law is different
We call it an exception when the law isdifferent.
These exceptions are for all employers:
l An employer can make a decisionbased on a person’s age but only ifthey can prove they have a verygood reason.
l Some jobs might have to be doneby certain people.
For example, a service for womenwho have been abused by menmight be able to have only womenworking for them.
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l When people have to stick toanother law.
For example, the law says drivinginstructors must be at least 21years old so an employer couldchoose not to give a job tosomeone who is only 19.
l If it might be dangerous tonational security an employermight be able to treat someonedifferently.
National security means the safetyof a country.
L
EqualityAct
2010
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These exceptions are just for someemployers:
If the job is with a church or religiousgroup employers can sometimes say:
· what religion or belief a personmust have or
· how the person should behave or live their life.
If it goes against what their membersbelieve churches and religious groupscan sometimes refuse to employ aperson because:
· of their sex or if they are transgender
· of their sexual orientation (beingstraight, gay, lesbian or bisexual)
· they are married, divorced or living with someone.
12
l an employer can just train somepeople to do a job if only peoplefrom a particular group can do it.
For example, if a disabled person isgoing to train a personal assistantto support them with bathing,toileting and dressing they couldchoose someone of the same sex
l a school or college can say they willonly give a job to a woman orsomeone with a particular religionor belief
l when the government is gettingstaff to work in some jobs they cansay what country they have tocome from
l there are different rules aboutsaying who can work in the army,navy or air force.
13
Usually an employer cannot make iteasier for one person to get a job thananother but they can use positiveaction.
Positive action is when employers dothings to try to get lots of differentpeople working for them.
For example, a fire service that doesnot have many women working forthem could have an open day to tellmore women about the job.
An employer can treat a person who isdisabled better than someone who isnot disabled.
Getting different people to work for anemployer
14
Who has to stick to the law?
Anyone who decides what happensabout jobs or work must stick to thelaw and treat everyone fairly.
The law covers most workers andpeople learning a job.
An employer is also breaking the law if:
l someone who works for thembullies or discriminates againstanother person at work
l someone who works for thembullies or discriminates againstanother person at work becausethey tell them to
l they try to get someone to bully ordiscriminate against anotherperson at work.
15
Volunteers (people who choose tohelp but are not paid employees)
Some volunteers who have anagreement and get paid more than itcosts them to volunteer have the samerights as people who work for theorganisation.
If the organisation just gives them achance to volunteer then they aregetting a service and have differentrights.
We have written another guide aboutwhat service providers must do to stickto the law.
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Choosing staff
Recruitment is when employersadvertise jobs and choose people to dothem.
Employers can do extra things to tellsome people about a job but musttreat everyone fairly when they decidewho gets it.
They must make reasonableadjustments to give disabled peoplethe same chance as anyone else.
Asking about health or disability
Usually employers cannot ask peopleabout their health or disability beforethey offer them a job or put their nameon a list of people who will get a job.
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After they offer someone a job theycan ask about health or disability tosee if they need changes or support todo it.
Employers can ask about health anddisability:
l to support a person who is disabledto apply for the job or give morejobs to people who are disabled
l if only a person who is disabled cando the job
l if they need to keep the countrysafe (national security)
l to check people can do animportant part of the job
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l to collect information about thedifferent types of people who applyfor the job.
They cannot keep this with otherinformation about the person.
Women who are pregnant
An employer cannot ask a womanabout being pregnant when she has aninterview or refuse to give a woman ajob because she is expecting a baby.
They cannot sack a woman becauseshe gets pregnant.X
19
The hours people work
Employers must not discriminate inany way when they decide whenpeople work and when they can havetime off.
This includes deciding if people canwork flexible hours and makingchanges for people who are disabled.
There are other laws about parentsand carers rights to work differenthours.
Employers must have a good reasonnot to change the time a person has towork if this goes against their religionor belief.
20
Different laws working together
Employment law says what rightspeople have to holidays and days off.
Equality law says employers must treateveryone fairly when they makedecisions about time off.
Time off work when you are ill
If a person is ill and takes time offwork because of their disability theiremployer cannot use this to makedecisions about staff.
For example, who should move up to abetter job or get bonuses (extramoney).
21
Employers must keep in touch withpeople who are ill and off work for along time and help them get back towork when they are ready.
They must think about the changesthey can make for the person to dotheir job.
Time off work when you arepregnant
There are special rules about womentaking time off when they are pregnantor having a baby.
Their employer cannot count this asbeing ill or use this to decide they arenot good at their job.
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There are rules about paying pregnantwomen when they are off work andabout giving them time off to go to thedoctor or hospital.
Time off work when you have anew baby
Employers must make sure they do notdiscriminate in any way when theygive mothers or fathers time off to carefor a new baby.
This includes people who adopt a babybut not people who take time off fortreatment to help them have a baby.
23
Wages and other things you get for working
When employers work out how muchto pay people they think about thingslike:
l what other organisations in thearea pay for the job
l the skills and training people need
l how well a person does the job.
24
They cannot discriminate in any wayand must make sure some groups ofpeople do not get less than others.
Employers must make reasonableadjustments to give a person who isdisabled the same chance as otherpeople.
They should check that the way theywork things out is fair and based onthe jobs people do.
We have a toolkit and guide foremployers about this.
25
The chance to get on in your job
Employers must give everyone thesame chance to:
l do well in their job
l get training
l move up to a higher job
l move on to other jobs.
They cannot discriminate in any wayand must make sure some groups ofpeople do not do worse than others.
26
Employers must think about changesthey can make to help people who aredisabled and other staff do training ormove jobs.
They cannot stop pregnant women ornew mothers doing training unless it isdangerous for them or other people.
They must treat pregnant women fairlyand tell them about chances to movejobs.
Employers must think about the samethings as when they recruit new staff.
If they do all this and then decidesomeone is not the best person for ajob, they do not have to offer it tothem.
27
Organising and planning
Employers cannot discriminate in anyway when they plan and organise theirbusiness. They must think aboutchanges they can make for disabledpeople.
Everyone should have the samechance to use buildings andequipment unless some people needseparate rooms for privacy or becauseof their religion or belief.
Mothers should have somewhere safeand private to breastfeed their babies.
Employers must make reasonableadjustments for disabled people.
28
Employers can say what people haveto wear at work but must be carefulthese rules do not discriminate in anyway because of sex, disability, religionor belief.
Employers must not discriminate inany way when they check how peopleare doing their jobs.
They must think about any changesthey can make for a person who isdisabled.
If employers tell someone they are notdoing their job properly they musttreat people fairly and think aboutwhether they need to change the waythey do this for some people.
29
If people lose their job or stop working
This guide is only about the law fortreating everyone fairly.
Employers have to stick to other lawsand rules to make sure they treatpeople fairly when they makedecisions about:
l sacking people
l people losing their jobs for otherreasons
30
l people who are retiring because ofage or disability
l people who do not work for themany more.
Acas can give you information aboutthis. You can find out about them onpage 38.
Employers have to make sure they donot discriminate in any way if theydecide a person cannot work for thembecause of their disability.
31
They must first make reasonableadjustments to help them do the job.
Employers also cannot discriminateabout age in rules about when peoplehave to retire, unless they have a verygood reason.
They cannot discriminate in any waywhen someone has left their job.
We can give you more informationabout all these things.
32
Making sure people understand andstick to the law
Employers must show they are stickingto the law.
They should also make sure their staffare trained to understand it.
Employers must also keep records toshow they are not discriminatingagainst any groups of people.
33
How to complain
If you think your employer hasdiscriminated against you in any wayyou can:
l tell them you are not happy aboutthis
l follow your employer’s rules formaking a grievance or complaint
l talk to the Employment Tribunal.
An Employment Tribunal is anindependent group of people whotry to sort out arguments betweenemployers and people who work forthem.
34
You can try each of these things inturn.
You must fill in a form for theEmployment Tribunal within 3 monthsof something happening. You do nothave to talk to your employer first.
There are some times when this can belonger.
The person must have facts to showthis was discrimination.
35
The employer then has to prove this isnot true.
If the Employment Tribunal decidesyour employer has broken the law theycan:
l say the employer hasdiscriminated
l give you money for lost wages orfor suffering
l tell your employer to put thingsright for you
36
l tell your employer to change thingsso they do not discriminate againstother people.
We can tell you more about this,please see the next page for how youcan contact us.
37
How to contact us
Equality and Human RightsCommission
The helplines are open Monday toFriday from 8am to 6pm.
Helpline – England
Email:[email protected]
Telephone: 0845 604 6610
Textphone: 0845 604 6620
Fax: 0845 604 6630
Helpline – Wales
Email:[email protected]
Telephone: 0845 604 8810
Textphone: 0845 604 8820
Fax: 0845 604 8830
38
Helpline – Scotland
Email:[email protected]
Telephone: 0845 604 5510
Textphone: 0845 604 5520
Fax: 0845 604 5530
Acas – The Independent Advisory,Conciliation and Arbitration Service
Advice, training and information tohelp try to sort out problems betweenemployers and employees.
Website: www.acas.org.uk
Telephone: 08457 47 47 47
The helplines are open Monday toFriday from 8am to 8pm and Saturdayfrom 9am to 1pm.
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What the words mean
Access to Work A way the government can pay for some changes to help a disabled person do their job.
Direct discrimination This is when an employer treats someone worse than other people.
Discrimination This means treating someone worse than other people for some reason.
Discrimination arising This is when an employer treatsfrom a disability someone unfairly because of something to do with their disability.
Discrimination by This is when an employer treats aassociation person worse than other people because of someone they know or a family member.
Discrimination by This is when an employer treatsperception someone unfairly because they think they are from a particular group.
Employees Are people who work.
Employers Are people or organisations they work for.
Employment Tribunal An independent group of people who try to sort out arguments between employers and people who work for them.
40
Equality Act 2010 A law about treating people equally and fairly.
Equality and Human We work to make sure everyone getsRights Commission treated equally and fairly.
Exception If the law is different for some employers, it is called an exception.
Grievance Another word for a complaint.
Harassment Picking on someone or upsetting them. This includes things like telling jokes about a person’s religion or belief and making them feel ashamed or stupid.
Indirect discrimination This is when an employer does something, decides something or has a rule that affects some people worse than others.
National security The safety of a country.
Positive action When employers do things to try to get lots of different people working for them.
Protected Things to do with a person, like age,characteristics disability, being a man or a woman, being transgender, being pregnant or having a baby, race, religion or belief, being straight, gay, lesbian or bisexual.
41
Reasonable Changes employers must make to giveadjustments a person who is disabled the same chance as anyone else to get and do a job.
Recruitment When employers advertise jobs and choose people to do them.
Sex Being a man or a woman.
Sexual orientation Being straight, gay, lesbian or bisexual.
Transgender People who feel that the body they were born into is not right for them.
This means they may want to change from being a man to a woman, or from a woman to a man.
Victimisation Treating someone unfairly because they have complained or spoken up about something.
Volunteers People who choose to help but are not paid employees.
42
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This paper has been designed andproduced for the Equality and HumanRights Commission by the EasyRead serviceat Inspired Services Publishing Ltd.Ref ISL 105/11. September 2011.
To contact Inspired Services:
www.inspiredservices.org.uk
Credits
44
Find out more about us and your rights
from our websitewww.equalityhumanrights.com
Telephone 1 of our helplines.
• They are open Monday to Friday8am to 6pm.
England• 08456 046 610• Textphone 08456 046 620• Fax 08456 046 630
Wales• 08456 048 810• Textphone 08456 048 820• Fax 08456 048 830
Scotland• 08456 045 510• Textphone 08456 045 520• Fax 08456 045 530
© Equality and Human Rights CommissionPublished September 2011
ISBN 978 1 84206 414 6
