With 2007 designated as the year of 'Equal opportunities for all', Katie Paxton-Doggett takes an in-depth look at the Equality Act 2006


On 6 April 2007, the Equality Act 2006 came into force. There are three main strands to the Act: to establish a new Commission for Equality and Human Rights (CEHR); provisions about discrimination on grounds of religion or belief; and duties relating to sex discrimination for persons performing public functions.



A new, integrated equality commission, the CEHR, will be established in connection with the employment law aspects under the Equality Act 2006 (Commencement No1) Order 2006, SI 2006/1082. From October 2007, the CEHR will replace the Equal Opportunities Commission and the Disability Rights Commission. From 2009 onwards, the functions of the Commission for Racial Equality will also be included.



The CEHR will also be responsible for enforcing anti-discrimination rules on sexual orientation, religion or belief, and age, which are areas not covered by the existing commissions. It will have a wider general responsibility for promoting equality as well as human rights issues, including areas which are not covered by specific pieces of legislation. The CEHR will take on all of the powers of the existing commissions, as well as new powers to enforce legislation more effectively and promote equality for all. The CEHR will become a single source of information and advice on all aspects of discrimination, tackling discrimination on multiple levels and promoting equality for all.



Section 3 of the Act summarises the fundamental objective of the CEHR in 'encouraging and supporting the development of a society' in which:

l People's ability to achieve their potential is not limited by prejudice or discrimination;

l There is respect for and protection of each individual's human rights;

l There is respect for the dignity and worth of each individual;

l Each individual has an equal opportunity to participate in society; and

l There is mutual respect between groups based on understanding and valuing of diversity and on shared respect for equality and human rights.



It is intended that the CEHR will be an independent and influential champion which will seek to promote and celebrate a diverse Britain. In order to achieve this, it will aim to reduce inequality, eliminate discrimination, strengthen good relations between people and protect human rights. The CEHR aims to achieve change to benefit some of the most vulnerable and least well-represented people in our society. It states its vision of 'a Britain at ease with all aspects of its diversity, built on fairness and respect for all'.



The Act makes it unlawful to discriminate on the grounds of religion or belief in the provision of goods, facilities and services, the disposal and management of premises, education, and the exercise of public functions. This builds on the existing regulations while making amendments to the existing definitions.



The Act changes the definition of religion and belief set out in the Employment Equality (Religion or Belief) Regulations 2003, so that it refers to any 'religion', 'religious or philosophical beliefs', a 'lack of religion' or a 'lack of belief'. This widens the scope of the Act so that any genuine philosophical belief, including political beliefs, will be covered, as well as discrimination against non-believers.



The definition of direct discrimination is also amended. Discrimination in employment can occur on the grounds of another person's religion or belief rather than the complainant's, therefore protecting those who are discriminated against due to their association with someone of a particular religion or belief.



Discrimination is defined as less favourable treatment on the grounds of religion or belief. Although it is not expressly stated, this would seem to imply that discrimination on the grounds of an employee's perceived religion or belief will be covered, whether or not that perception is true. In contrast, section 45(2) of the Act expressly states that, in terms of discrimination on the grounds of religion or belief in the provision of goods and services, 'a reference to a person's religion or belief includes a reference to religion or belief to which he is thought to belong or subscribe' and will clearly cover discrimination on the grounds of a person's perceived religion or belief.



However, the government has acknowledged that the definition of direct discrimination will not apply in cases where the discrimination is motivated by the beliefs of the employer (although there may be grounds for a claim under other regulations). This will mean that there will be no protection where an employer refuses to employ a person because it would be contrary to the employer's beliefs.



The Act also includes powers for the secretary of state to make regulations prohibiting discrimination on the grounds of sexual orientation, including harassment, in the provision of goods, facilities and services, and in the execution of public functions.



Perhaps the most significant aspect of the Act is the so-called 'gender equality duty', described by the Equal Opportunities Commission (EOC) as the most significant change in gender equality legislation for 30 years. It places a statutory duty on all public authorities to promote equality of opportunity between women and men, and to prohibit sex discrimination in the exercise of public functions. This is the first time that a positive duty has been imposed to ensure gender equality.



There is a wide definition of 'public authority', including any employer which has functions of a public nature. This will include private sector employers or voluntary organisations carrying out functions on behalf of a public authority.



All public sector bodies will have a general duty in the exercise of their public functions to pay due regard to the need to eliminate unlawful discrimination, and to take account of the different needs of men and women in order to ensure equality of opportunity when formulating policies or providing services.



Public authorities also have duties in connection with their role as employers and must take active steps to eliminate sources of discrimination in their employment practices, whether intentional or not.



There are also specific duties applicable to major listed public authorities, setting out the steps that are required to meet the general duty. They will be required to prepare and publish a gender equality scheme, and to implement the actions set out. Each year the scheme must be reported against, with a full review at least every three years. The authority must also: gather and use information on how policies and practices affect gender equality; consult employees, service users and others (including trade unions); consider the need to have objectives to address the causes of any gender pay gap; and assess the impact of current and proposed policies and practices on gender equality.



The specific duties for England, Scotland and Wales are different. The specific duties for England and Scotland have been finalised and are set out in codes of practice prepared by the EOC (www.eoc.org.uk/Default.aspx?page=19689). The Welsh specific duties will not be finalised before April 2008 at the earliest.



The timing of the Act could not be better, with 2007 designated 'European year of equal opportunities for all'. The aim is to launch a major debate on the benefits of diversity for European societies, and it will seek to make people in the EU more aware of their rights to enjoy equal treatment and a life free of discrimination.



Katie Paxton-Doggett is a solicitor and producer at the Law Channel, Einstein Network