Equal opportunities – legal responsibilities overview

The Equality Act 2010 consolidated a number of previous pieces of legislation including the Sex Discrimination Act 1975, the Race Relations Act 1976 and the Disability Discrimination Act 1995. The Act protects people from discrimination in the workplace and wider society. This followed the formation, in 2007, of the Equality and Human Rights Commission, an independent statutory body. Its purpose is to encourage equality and diversity. It also has responsibility for eliminating unlawful discrimination and protecting and promoting the human rights of everyone in Britain. The UK government has produced guidance on the Equality Act 2010. But what does equal opportunities mean?

What does equal opportunities mean?

In employment terms, equal opportunities means all workers being entitled to and having access to all of the organisation’s facilities at every stage of employment. This includes the pre-employment stage.

Every individual should have an equal chance:

• To apply and be selected for posts pre-employment
• To be trained and promoted whilst employed by an organisation
• To have their employment terminated equally and fairly.

Employers must have policies and procedures in place to prevent discrimination and foster equal opportunities within the organisation.

These include:

Prohibit discrimination

Employers must not discriminate against people based on protected characteristics like age, race, sex, sexual orientation, or disability. An example of this type of discrimination is dismissing women during pregnancy.

Prevent discrimination

Employers must take steps to prevent discrimination and harassment in the workplace. An example of this is where an employee is treated poorly by colleagues based on a protected characteristic.

Provide reasonable adjustments

Employers must make reasonable adjustments in the workplace for people with disabilities.

Comply with equal pay legislation

Employers must pay men and women the same rate for the same or equivalent jobs. There has been a raft of cases in recent years by female workers against their employers, arguing that they should be paid the same rate as men doing the same job. One of the most recent cases involved the retailer Next, which lost a six-year battle brought by its female employees who claimed they had been paid less than male employees who were doing a similar job.

Protect employees' health, safety and welfare

Employers have a duty of care to protect the health, safety and welfare of their employees.

Who is responsible for equal opportunities?

Employers are responsible for ensuring that they comply with equal opportunities law. Equal opportunities also apply in education. In addition, public authorities have a Public Sector Equality Duty in relation to services. They are also required to consider equality when exercising public functions.

How are equal opportunities enforced?

Individuals are able to enforce their rights before the courts and through employment tribunals. The Equalities and Human Rights Commission also has a range of powers at its disposal enabling it to enforce equality law. This usually happens at an institutional level.