LTB 849/10 - Equality Act 2010

[TrueBlueTerrier]

No. 849/2010


Ref: PTC/MA/dj/013


Date: 1 October 2010

TO ALL BRANCHES

Dear Colleague

RE: Equality Act 2010

Branches may be aware that the forthcoming Equality Act is due to become legal on the 1st October 2010. In turn this will have an impact on our current policies, processes and procedures. The new Equality Act will consolidate 9 separate pieces of anti discrimination legislation to one single act. The difference between the various strands remain that they have been termed "protective characteristics within the legislation". The 9 characteristics are: Age, Disability, Gender re-assignment, Marriage and Civil Partnership, Pregnancy and Maternity, Race, Religion or Belief, Sex and Sexual Orientation.

The terms used to describe the different forms of discrimination have been made clearer. Associated discrimination has been extended to age, disability, gender re-assignment and sex. Perceptive discrimination has been extended to cover disability, gender re-assignment and sex. Indirect discrimination has been extended to disability discrimination and gender reassignment. Employers may also be potentially liable for harassment of their staff by a third party they do not employ.

As a result of these changes it has been necessary for us to make amendments to the text to some of our policies and procedures. The key changes are:

Bullying and Harassment Procedure and Supporting materials

* - Updates to the definition of harassment, direct and indirect discrimination
* - This includes the B&H Procedure, and the Investigators Support Pack

Grievance Procedure

* - Inclusion of Contract Workers under the procedure

Attendance Procedure

* - Managers are now guided to seek HR advice on all Disability related cases
* - Conduct Code
* - Changes to the definition of harassment, and broadening of the types of Gross Misconduct to cover harassment related to protected characteristics.

The changes outlined above do not alter in any significant way either the content or sentiment of the policies, procedures or agreements but are necessary to ensure compliance with the equality act 2010. Once we have received the full textual changes we will circulate the new agreement to all branches.

Any enquiries to Ray Ellis's office, quoting reference PTC/MA/dj/013

Email address: rellis@cwu.org

Yours sincerely

Ray Ellis
Assistant Secretary