Employers warned over new discrimination laws

26/01/2010

Employers need to be ready for major changes to UK discrimination law in 2010, lawyers have warned.

According to law firm Mace & Jones, planned changes to compulsory retirement ages and the impending Equality Bill represent “the biggest change in discrimination law in a generation”.

The proposed changes cover race, gender, religion and belief, sexual orientation, marital status, pregnancy, age and disability, the law firm said.

“Employers must not underestimate the depth and scope of this new legislation which makes several fundamental changes to the law,” said Phil Allen, employment law partner at Mace & Jones.

The Equality Bill replaces more than nine existing laws with over 100 measures, and will require all businesses to take positive steps to avoid discrimination in the workplace.

For example, while the law covering sexual harassment in employment by a third party already exists, the Bill extends that harassment to race, disability, sexual orientation, religion or belief and age.

Allen said: “Employers could now be held liable for harassment by a third party such as customer, client, contractor or even member of the public, patient, pupil or student on these grounds.

“This applies to all employers and means they are liable if they fail to take reasonable steps to prevent the harassment. An employee will only have to show that the employer knew that they had been harassed by one or more third parties, on at least two occasions previously.”

Other key changes include proposals to ban less favourable treatment of employees who discuss pay or bonuses with other staff, which could lead to equal pay claims.

Also in the pipeline are measures to allow positive action in recruitment, enabling an employer to favour a candidate from a disadvantaged or under-represented group in the workforce when faced with two equally qualified individuals.

Outside the Equality Bill, changes to compulsory retirement ages have also been mooted, although it is not yet clear exactly what these will be.

“It is strongly rumoured the default retirement age may be raised to 68 or 70 if it is not abolished,” said Allen.

“Even if there is a change of government the retirement age will be reviewed as the Conservatives are committed to maintaining protections against discrimination in employment.”