0151 239 1000
The Equality Act 2010 allows employers to take positive action if they believe that job applicants or employees with a particular protected characteristic suffer a disadvantage linked to that characteristic, or if their participation in an activity is disproportionately low. Positive action is voluntary and therefore employers do not have to take positive action.
The Act limits the circumstances in which an employer is able to ask health-related questions prior to offering an individual a job. At this stage an employer is only allowed to ask health-related questions in certain circumstances in order to help him:
Once the employer has offered the applicant a job they are permitted to ask appropriate health-related questions, regardless of whether the offer they have made is conditional or unconditional.
The Act has now extended the tribunal's powers so that it is now possible for a tribunal to make recommendations that an organisation takes steps to eliminate or reduce the effect of discrimination on other employees, not just the claimant as previous law allowed. For example, the tribunal might order that an employer needs to train all staff about victimisation and harassment.
As with the previous legislation, in most circumstances a challenge by an employee to pay inequality still has to be made by comparison to a real person of the opposite sex in the same employment.
However, a change in the Act now allows a claim to be made for direct pay discrimination even if there is no real person to make a comparison with. Therefore an employee may have a claim under direct sex discrimination where they can provide evidence that if they were a different sex they would have received better pay from their employer.
The Act now makes it unlawful for an employer to prevent or restrict its employees from discussing their pay in order to establish if difference in remuneration exists and is related to a protected characteristic. The Act also makes terms of the contract of employment relating to pay secrecy unenforceable.
An employer can however, require their employees to keep pay rates confidential from some people outside the place of work, such as a competitor.
We have a great deal of experience when it comes to providing legal advice to people who have faced, or are facing discrimination at work, from other colleagues or directly from their employer.
Our employment solicitors have been providing advice to employees for over 30 years and in that time they have seen and dealt with most employment scenarios. We offer up to 10 minutes free initial legal advice, or longer face to face meetings with one of our solicitors starting at £100 inclusive of VAT. To find out how we can hep you, call now on 0151 239 1000 or fill in an enquiry form on our website and one of our Employment Solicitors will call you back.