1. Timetable: Equality Act 2010 is a key driver to removing inequality. Its main provisions come into force in October 2010, balance in March 2011. The Equality and Human Rights Commission (ECHR) are drafting statutory Codes of Practice and non statutory Guidance to be published in September 2010. The Codes will interpret the legislation and the Guidance will give practical advice on implementation.

2. The Act repeals and consolidates 9 statutes and numerous statutory regulations into one. In doing so it harmonises and strengthens anti discrimination legislation. This note deals with impact for employment, but the Act has an impact on pensions and non employment areas including private client, property and commercial.

3. Definitions are harmonised across the protected characteristics, and new claims are introduced.

(1) Direct discrimination and harassment extended to include "associative" and "perceptive" cases. (2) Definition of direct discrimination changes from "on the grounds of" to "because of". (3) In certain cases, employers may become liable for third party harassment. (4) Definition of indirect discrimination unified across all protected characteristics. (5) Harmonised definition of objective justification to proportionate means of achieving a legitimate aim; (6) new claim of Combined Discrimination where discrimination is due to a combination of protected characteristics and not just one; (7) The definition of gender reassignment broadened to include those not just undergoing gender reassignment but those who propose to or who have.

4. Positive discrimination: (1) The defence of occupational requirement is introduced across all protected characteristics; (2) Positive discrimination to allow employers to promote someone from an under-represented group when faced with equal candidates.

5. Disability: (1) Important to note that it is no longer permitted to make pre-employment health enquiries unless for prescribed reasons; (2) Definition of disability related discrimination is re-drafted; (3) new claim of indirect disability discrimination introduced.

6. Equal pay and contract terms: (1) Introduction of provision for indirect discrimination in equal pay claims; (2) power to provide for sex discrimination claim based on contract terms relating to pay.

7. Race: Power to allow government to include 'caste' within definition of race. The present government has commissioned a report on evidence of caste discrimination before considering whether it will utilise the power reserved in the Act to amend the definition of race to include caste.

8. Transparency: (1) Limit pay secrecy clauses; (2) Provision to require pay reporting for larger employers to identify gender pay disparities.

9. Enforcement: Tribunals able to make recommendations to benefit whole workforce not just claimant.

10. Impact of change of government: The majority of the Act will be brought into force irrespective which government gets into power. The Conservatives have stated that they will not bring in the provisions relating to positive action and "the mistaken way the government is tacking equal pay".

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