One of the areas we keep our eye on relates to equality and disability. These are currently covered by the Race Relations Act 1976 and the Disability Discriminations Act 1995. This legislation plus others will be replaced by The Equality Act when it becomes law this October (2010).
Hopefully, you have seen AoFA documents and recommendations on how this relates to first aid and training.
The Equality Act covers the same groups that were protected by existing equality legislation - age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership and pregnancy and maternity - but extends some protections to groups not previously covered, and also strengthens particular aspects of equality law.
The new Equality Act is a mixture of rights and responsibilities that have:
Stayed the same - for example, direct discrimination still occurs when "someone is treated less favourably than another person because of a protected characteristic".
Changed - for example, employees will now be able to complain of harassment even if it is not directed at them, if they can demonstrate that it creates an offensive environment for them.
Been extended - for example, associative discrimination (direct discrimination against someone because they associate with another person who possesses a protected characteristic) will cover age, disability, gender reassignment and sex as well as race, religion and belief and sexual orientation.
Been introduced for the first time - for example, the concept of discrimination arising from disability, which occurs if a disabled person is treated unfavourably because of something arising in consequence of their disability.
As a result, you may need to review and change some of your policies and practices.
Here are a few questions and answers that give you a better idea as to the Act (copied from the Acas website):
Equality Act 2010 Questions and Answers
Employee questions:
Q: I work in a mainly female environment but I am sure I do not receive the same pay although I do a similar job, can I claim for equal pay as a male member of staff. My employer has made it plain the female staff are not to talk to me about what pay they get can they do this.
A: Yes as an equal pay claim is made against the opposite sex, and under the Equality Act it is unlawful for your employer to prevent you from talking to your colleagues about differences in pay.
Q: My employer has just told me I am no longer being considered for a promotion, and the reason was that my wife has become disabled and they think I will be taking too much time off and will not be concentrating on my job, can they do this?
A: No you employer cannot discriminate against you in this way as this would be covered under associative discrimination because of your wife's disability.
Q: Colleagues often make jokes about me and insinuate that I am gay, and this is not true, is this discrimination even though I am not gay?
A: Yes this is discrimination against you on the perception of a protected characteristic; it would be against you on the grounds of sexual orientation.
Employer questions:
Q: I need to recruit staff, and I already have in place an equality and diversity policy will it still be okay under the Equality Act?
A: As the Equality Act brings in some changes such as discrimination by association or perception, and particularly around disability, you should review your policies and procedures to ensure you fully comply with the law.
Q: As an owner of a small business I decide on the pay for each employee when they are taken on and any pay rises after that. But I do not want the staff talking to each other about what pay rise I may or may give them can I make it part of the contract that staff cannot discuss their pay?
A: No as part of the Equality Act, this would be an unenforceable part of their contract of employment.
Q: A member of staff has put in a grievance for harassment against their line manager on the grounds that they are disabled and often teased about it by the line manager, this is being dealt with. However, another member of the team is claiming harassment for the same situation, but they are not disabled - how can they do this?
A: Your second member of staff is able to claim harassment on the grounds that the actual harassment of the disabled member of staff has lead to an offensive environment to work in.
The AoFA will be holding a conference in November on the Resuscitation changes. We will be addressing other topics and hope to get a specialist speaker on the Equality Act to explain the act and how it relates to training and first aid.
