The Equality Act 2017 (’Act’) started its phased implementation on 1 January 2019. From an employment perspective, this new legislation has significant implications for all organisations.

The Act introduces strengthened equality and anti-discrimination rights, providing protection to job applicants covering pre-employment and recruitment and selection practices, as well as protection for employees throughout their employment within an organisation and beyond.

The employment-related provisions of the Act cover 9 ’protected characteristics’.

Sex, sexual orientation, gender reassignment, race, religion or belief, marriage and civil partnership, and pregnancy and maternity discrimination were introduced on 1 January 2019. Age and disability discrimination, and equal pay rights will be introduced on 1 January 2020.

Unlawful discrimination can occur in several ways. It can be:

Direct discrimination: treating someone less favourably due to a ’protected characteristic’ or being associated with someone with a ’protected characteristic’. For example, not employing a person due to their age, sex or race.

Indirect discrimination: where a provision, criterion or practice is applied to everyone but adversely affects people with a particular ’protected characteristic’ more than others and is not justified. For example, a policy only to promote a person who has successfully obtained a post-graduate qualification could be discriminatory against a 21-year-old who is less likely to have such a qualification.

Dual discrimination: where someone is discriminated against due to two ’protected characteristics’ (not including marriage and civil partnership or pregnancy and maternity).

Harassment: this includes sexual harassment and other unwanted conduct related to a ’protected characteristic’, which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Victimisation: retaliation against someone who has complained of or has supported someone else’s complaint about discrimination or harassment.

As an employer, you should audit your HR function, employment documentation, HR policies and procedures, day-to-day operational and remuneration practices to identify any areas that could be potentially discriminatory or need to be amended to comply with the Act.

Complying with the Act involves more than just having an equal opportunities policy.

All stages of the employee life cycle should be reviewed from recruitment and selection, reward and recognition, training and promotion practices through to redundancy and termination practices. Using an experienced HR consultancy company can help your business ensure that it is equality ready and that your management and staff understand the day to day impact of the Act and their responsibilities.