Changes to the Equality Act January 2024 – What it Means for Your Business

A series of amendments have been made by the government to The Equality Act 2010, which came into effect on the 1^st January, 2024.

The Equality Act (Amendment) Regulations 2023 safeguards all existing key rights and principles in the protection against discrimination but also sees the introduction of some nuanced changes. At a glance, these changes address:

• Indirect discrimination where a person not in possession of a relevant protected characteristic suffers the same disadvantage as those that do.

• Direct discrimination related to pregnancy, maternity and breastfeeding

• Direct discrimination regarding access to employment and occupation when related to public statements outside any active recruitment process. The protection will encompass indications of a reluctance to recruit individuals with specific protected characteristics.

• Equal pay, with the introduction of a ‘single source’ test for establishing an equal pay comparator, rather than the use of a hypothetical comparator.

• The definition of disability in relation to employment and occupation. The definition will explicitly include consideration of an individual’s ability to participate fully and effectively in working life and the undertaking of ‘day-to-day activities.’

Why it’s important…

It’s crucial for business owners to understand the recent amendments to The Equality Act in order to avoid discrimination claims, which can result in serious and costly consequences for any business. Employers and managers have a legal duty to adhere to all clauses of The Act.

Action points

Business owners, directors and officers must acquaint themselves with the amendments to the Act and ensure all of the company’s Diversity, Equity and Inclusion (DEI) policies are up to date. The amendments must be flagged up as part of DEI training and incorporated into training for all employees. It is a business’s responsibility to ensure full compliance to all the new amendments and ensure they are incorporated into the day-to-day running of the business, therefore reducing the risk of claims.

Read more blogs from Ascend:

The fight for what's fair - The Equality Act 2010

Five employment law changes your company needs to be aware of in 2020