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Equalities legislation has built up over many years to protect people against discrimination. This created a very complex picture and whilst there were a number of parallels between different laws, there were also many disparities in terms of levels of protection. The Equality Act 2010 was therefore developed with the two main aims to:

  • Harmonise the many pieces of equality legislation into one
  • Strengthen protection against discrimination.

Scales

We have detailed here how the legislation applies to the Council.

In the Equality Act 2010 what is meant by ‘discrimination’?

The Act classes the following as discrimination:

  1. Direct discrimination - Where on the grounds of their ‘protected characteristic’ a person is treated less favourably than another person who does not share that characteristic.
  2. Indirect discrimination - Where a requirement or condition which is applied equally to everyone:
  • Can only be met by a considerably smaller proportion of people within the protected characteristics e.g. men or women; disabled and non-disabled people etc.
  • Is to their detriment; and
  • Cannot be justified on grounds not related to their protected characteristic.

It particularly mentions other forms of disricmination such as:

  • Failure to make ‘reasonable adjustments’ for disabled service users.
  • Discrimination arising from disability - where the disabled person is treated unfavourably, this treatment is because of something which has come about as a result of the disabled person's disability and the service provider cannot show that this treatment is justified as a balanced way of achieving something for a good reason.

A person will also be protected against discrimination linked to:

  • Their ‘association’ with someone who has a protected characteristic.
  • A perception that they are a particular characteristic (lesbian, gay, disabled etc) regardless of whether they actually are.

The Act also outlaws harassment and victimisation.

  • Harassment - unwanted behaviour, which causes upset or offence, linked to a protected characteristic.
  • Victimisation because they have, or a service provider thinks they have, made or helped with a complaint about discrimination.

When delivering services what must the Council do under the Act? 

Protected characteristics under the Services and public functions part of the Equality Act relate to:

  • Disability
  • Race
  • Sex
  • Pregnancy, maternity or breastfeeding status
  • Gender reassignment
  • Religion or belief
  • Sexual orientation
  • Age (likely to be covered sometime in 2012)

The Council must follow what is set out in part 3 of the Act, which covers Services and public functions. This states that it is unlawful for any person concerned with the provision of goods, facilities or services to the public, or a section of the public, (whether they free or payment services) to discriminate or harass or victimise a person on the grounds of their ‘protected characteristics':

By

  • Refusing to provide them with a service.
  • No longer providing them with a service that they still provide to other Customers, clients or service users.
  • Providing them with a service of a worse quality or in a worse way than they would usually provide the service.
  • Providing them with a service on worse terms than they would normally offer the service.
  • Putting them at any other disadvantage.

There is also a ‘duty to make ‘reasonable adjustments’ for disabled people. This means:

  • Changing provisions, criteria or practices where it puts disabled people at a disadvantage.
  • Providing auxiliary aids and services failure to do so would put disabled people at a substantial disadvantage.
  • Changing the physical features of a public building where it puts disabled people at a substantial disadvantage (including outside, entry, lighting, fixtures and fittings etc).

The duty to make reasonable adjustments is ‘anticipatory’ this means that we must look at what kind of barriers disabled people may face and proactively look at removing these.

When deciding whether a change is reasonable the following can be taken into consideration:

  • How effective the change will be in assisting disabled people or a specific service user.
  • Its practicality.
  • The cost.
  • Resources and size of an organisation.
  • Health and safety issues.

What is the Public Sector Equality Duty?

This duty came into effect from April 2011 and means that with regard to all protected characteristics previously stated:

We have a General Equality Duty to:

  1. Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by the Equality Act.
  2. Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it.
  3. Foster good relations between persons who share a relevant. protected characteristic and persons who do not share it by tackling prejudice, and promoting understanding.

Under the second point the Council is able to take steps in specified circumstances to:

  • Lessen disadvantages experienced by people who all have the same protected characteristic.
  • Increase their participation in particular activities where this is low.
  • Meet their needs where these are different from those people who do not share their protected characteristic.

This does not mean that mean favouring someone because of a protected characteristic as there must be a reasonable belief that one of the above conditions apply (e.g. findings from data or consultations support it) in order for action to be taken aimed at remedying that situation.


We also have to meet the specific equality duties which show what we are doing to achieve the general equality duty. 

Firstly, the Council to required to publish a range of information relating to persons who share the protected characteristics who are:

  1. Its employees.
  2. Other persons affected by its policies and practices (such as residents and service users).

The Council was required to publish this information by 31st January 2012 and review it annually.

Please go to the 'Related pages and documents' section below to access our equality information documents showing how we meet the general equality duty.

Secondly the Council is also required to publish equality objectives. By 6 April 2012 the Council  will need to prepare and publish one of more objectives that will help us to achieve the general duty and that this should be done again at intervals of not greater than four years.

Please go to the 'Related pages and documents' section below to view our Equality Objectives 2012 to 2016

 

Please view our draft Equality and Diversity Strategy

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