Equality Diversity Inclusion and Discrimination Legislation
Equality Diversity Inclusion and Discrimination Legislation
As already mentioned Equality, Diversity, Inclusion and Discrimination law is covered in the Equality Act 2010 which protects people against discrimination at work. It's important to understand what the law says about discrimination, so everyone knows their rights and responsibilities.
The Equality Act 2010 legally protects people from discrimination:
- at work
- in education
- as a consumer
- when using public services
- when buying or renting property
- as a member or guest of a private club or association
It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. Before the Act came into force there were several pieces of legislation to cover discrimination, including:
If you wish to complain about possible unlawful treatment there are 2 separate processes, depending on when it happened.
Complaints: before October 2010
If you were subjected to unlawful treatment (e.g., discrimination, harassment, or victimisation) before 1 October 2010, the Equality Act won’t apply. Instead, you’ll be covered by the legislation that was in force at the time.
For example, if you experienced race discrimination on 30 September 2010 and want to make a complaint or bring legal proceedings, the Race Relations Act 1976 will apply, not the Equality Act.
This is also true of any legal proceedings. They will go ahead according to the legislation under which they were brought, even if they may have continued after 1 October 2010.
Complaints: after October 2010
If you were subject to unlawful treatment on or after 1 October 2010, the Equality Act applies.
For example, if you experienced sex discrimination on 30 September 2010, which continued until 2 October 2010, the Equality Act will apply, not the Sex Discrimination Act.
There are many examples of when the Equality Act 2010 applies. These can be found on the GOV UK website. Equality Act 2010: guidance
Some examples of these that can relate to working in a community pharmacy include:
- the basic framework of protection against direct and indirect discrimination, harassment, and victimisation in pharmacy services e.g. Not employing a lady just because you knew she wanted to have children in the next few years and didn't want them away from work and the pharmacy on maternity leave.
- providing protection for people discriminated against because they are perceived to have, or are associated with someone who has, a protected characteristic e.g. a mental health condition.
- applying a uniform definition of indirect discrimination to all protected characteristics e.g. an enforced dress code at work that discriminates the wearing of religous articles e.g. a burka. This could only be enforced if it broke another law e.g. Health and Safety in a hospital pharmacy aseptic manufacturing area.
- making it more difficult for disabled people to be unfairly screened out when applying for jobs, by restricting the circumstances in which employers can ask job applicants questions about disability or health. Most job applications nowadays get around this with terminology like "Non-essential questions" "Do you consider yourself to have a disability?"
- making pay secrecy clauses unenforceable. Although not considered good practice it is not illegal for employees to talk about their wages and salaries with each other. Therefore, people in many industries including pharmacies are often paid on scales. It is however illegal for employers to state in a person's job contract you can't talk about or discuss your salary with others.