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 1st 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.’